Tamara L. Novotny

Shareholder

Legal Team

Paralegal:
Legal Secretary:

Tamara L. Novotny

Shareholder

Tamara (“Tami”) has an expansive civil litigation practice that involves representing individuals, businesses, and insurers in state, federal and appellate courts throughout Minnesota, Wisconsin, and her home state of North Dakota. Tami has a diverse civil litigation practice that includes insurance coverage, commercial trucking, employment, product liability, care facility and nursing home litigation, and professional liability, including representing professionals before various licensing boards.

Tami has an attention to detail and curiosity to learn about and understand her clients, their business operations and concerns which she uses to develop a defense strategy to best achieve her clients’ needs. Tami remains actively involved in matters from the moment of retention and she is able to handle all aspects of a case, from pre-suit evaluations and coverage opinions, through depositions and discovery, dispositive motions, mediation and settlement conferences, trial, and appeal.

Tami has been recognized as a Fellow by the Litigation Counsel of America. She was also recognized as a Minnesota Rising Star from 2004 to 2014.

Bar Admissions
  • Minnesota, 1999
  • North Dakota, 2000
  • Wisconsin, 2005
  • U.S. District Court, District of MN, 2003
  • U.S. District Court, District of ND, 2008
  • U.S. Court of Appeals, Eighth Circuit, 2006
  • U.S. Supreme Court, 2014
Publications
  • Co-author, Commercial Trucking Insurance, 5th Edition of the Minnesota Motor Vehicle Accident Deskbook (2016)
  • Contributor, Minor Compromises(North Dakota), ABA Commercial Transportation Litigation Committee (2010)
  • Contributor, Comparative/Contributory Negligence and Joint & Several Liability (North Dakota), ABA Commercial Transportation Litigation Committee (2009)
  • Author, Berkan v. Penske Truck Leasing Canada, Inc., Case Note, Committee News, ABA Commercial Transportation Litigation Committee (2008)
  • Contributor, Spoliation of Evidence(North Dakota), ABA Commercial             Transportation Litigation Committee (2008)
  • Co-author, Advice for Goldilocks When Hiring Good Help: Don’t Ask Too Much; Don’t Ask Too LittleMinnesota Defense (Spring 2007)
  • Author, When Does a Conflict of Interest Entitle an Insured to Independent Counsel?(2005)
  • Author, Negligent Infliction of Emotional Distress: When Can a Bystander Recover? (2004)
  • Author, Unfair Settlement Practices Acts: The Prohibited and Required Conduct, Enforcement Penalties (2003)
Presentations
  • Speaker, One Bad Apple, Care Providers of Minnesota Convention (2011)
  • Speaker, Nursing Home Arbitration Agreements, Care Providers of Minnesota Convention (2010)
  • Speaker, Caught in the Middle: Emerging Challenges for Nursing Homes, Care Providers of Minnesota Convention (2009)
  • Speaker, Commercial Trucking InsuranceInsurance Law Deskbook, Minnesota CLE (2007, 2009, 2011)
  • Attendee, Nursing Home/ALF/Litigation Seminar, DRI (2014)
  • Attendee, Skills Course, Trucking Industry Defense Association (2007 & 2008)
Education
  • J.D., University of North Dakota School of Law, 1999
  • B.A., University of North Dakota, Political Science, summa cum laude, 1996
Associations & Memberships
  • Minnesota State Bar Association
  • State Bar Association of North Dakota
  • Wisconsin State Bar Association
  • Minnesota Defense Lawyers Association
  • North Dakota Defense Lawyers Association
  • Defense Research Institute
  • ABA/TIPS Commercial Transportation Litigation Committee
  • Care Providers of Minnesota
  • Litigation Counsel of America
  • Insurance Institute of America
Representative Cases
& Experience
  • Great West Cas. Co. v. National Cas. Co. (8th Cir./ND) – Brought successful declaratory judgment action in case involving trucking vs. non-trucking insurance obligations for injuries to motor carrier’s employee while performing maintenance on tanker used in oil fields.
  • Star Ins. Co. v. Continental Resources, Inc., et. al (ND) – Successfully defended and obtained significant reimbursement for insurer in declaratory judgment action seeking determinations as to coverage and indemnity obligations for persons injured in an oil rig explosion.
  • Casey v. Smith (U.S./WI) – Successfully obtained decision finding commercial truck driver was not acting “in the business of” a motor carrier as he drove to get unnecessary repairs to semi-tractor such that the non-trucking (bobtail) insurer must afford coverage for an accident.
  • Perry v. Zurich North American, Inc. (MN) – Obtained and successfully defended trial court decision that California UIM policy endorsement and California law, not Minnesota, applied and precluded recovery of UIM benefits for wrongful death resulting from a single-vehicle accident.
  • Brown v. Sandeen Agency, Inc. (MN) – Obtained decision from court that injured employee was not entitled to receive additional workers’ compensation benefits under Minnesota law as policy afforded coverage only for Wisconsin benefits, and that insurance agency was not assigned insurer’s agent.
  • Great West Cas. Co. v. Carolina Cas. Co. (MN) – Obtained favorable decision finding an implied lease and, in turn, that an owner-operator was acting “in the business of” a motor carrier when he stopped for tools and gas on the way to complete paperwork and get the carrier’s placards affixed to his semi-truck per the carrier’s orders so he could continue working on the carrier’s job so trucking insurer was responsible for wrongful death claim.
  • Starr v. Metro Systems, Inc. (8th Cir./MN) – Represented employer in action involving issue of whether employer provided adequate notice to terminated employee as to his right to continued health insurance coverage.
  • Auto-Owners Ins. Co. v. Great West Casualty (MN) – Obtained favorable decision that insurer of stalled vehicle was responsible for payment of no-fault benefits to person injured as he jumped from the path of the stalled vehicle he was pulling off a transport trailer; injury arose from “maintenance or use” of the vehicle, not the trailer.
  • Precision Diversified Indus. v. Colgate (MN) – Obtained summary judgment for trustee’s attorney in legal malpractice claim brought by beneficiaries of their father’s trust.
  • Successfully defeated motions seeking to assert claims for punitive damages in commercial trucking, motor vehicle/intoxication, employment, and nursing home cases.
  • Represented and negotiated favorable settlement for foreign manufacturer in product defect case which involved a plaintiff who suffered a crush injury to his foot and underwent more than a dozen surgical procedures.
  • Represented technology company in case arising from fire in sporting venue due to malfunction in sound system which resulted in several million dollars in damages.
  • Represented doctors, nurses and administrators in matters before the MN Board of Medical Practice, MN Board of Nursing, MN Board of Psychology and MN Board of Examiners for Board on Nursing Home Administrators.