Jardine, Logan & O'Brien, P.L.L.P.

Premises Liability

The court ruled that the Statute of Repose, Wis. Stat. § 893.89, does not protect defendants from liability if plaintiff’s damages resulted from negligent maintenance of the home, specifically relating to alleged failure to maintain proper lighting at an exit.

Employment Law

Direct evidence of pregnancy discrimination existed to overturn a jury’s verdict in favor of the employer where the employer rescinded a job offer upon learning of the applicant’s pregnancy and anticipated length of maternity leave.

Employment Law

The U.S. Supreme Court ruled that an employee challenging a job transfer under Title VII must show some harm with respect to an identifiable term or condition of employment, but that harm need not be significant, invalidating the previous 'materially significant disadvantage' standard.

Workers' Compensation

The court clarified the 'Common Enterprise' defense in an employee’s third-party action under Minn Stat. Sec. 176.061, stating that when analyzing 'same or similar hazards,' the court must consider the general risks employees are exposed to, not solely the exact risk that caused the injury.

Workers' Compensation

Minn. Stat. § 176.361, subd. 4 requires intervenors to appear at conferences and hearings if their claim is at issue. If they fail to appear, the compensation judge must deny the claim, unless none of the parties object or stipulate to validity.

Insurance Law

The Court of Appeals of Minnesota upheld the bar of medical expense benefits, ruling that if a health-care provider does not follow the statutory method for submitting bills to the no-fault insurer, the claim is not due, and thus no loss is incurred by the claimant.