News & Resources

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CVMM Lawyers Recognized in 2019 Edition of “Best Lawyers in America”

Cousineau, Van Bergen, McNee & Malone is proud to announce that four of our attorneys have been recognized in the 2019 Edition of “The Best Lawyers in America.” Congratulations to Michael C. Lindberg (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants), Michael W. McNee (Personal Injury Litigation-Defendants) Susan D. Thurmer (Personal Injury Litigation-Defendants) and Peter G. Van Bergen (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants). Recognition by Best Lawyers is based entirely on peer review. Their process captures, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.    

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CVMM Attorneys Included on 2018 Minnesota Super Lawyers and Rising Stars lists!

We are pleased to announce that Peter G. Van Bergen, Michael W. McNee, Susan D. Thurmer and Michael C. Lindberg have been selected for inclusion on the 2018 Minnesota Super Lawyers list. Meaghan C. Bryan and Jessica J. Theisen have been selected for inclusion on the 2018 Minnesota Rising Stars list. Each year Super Lawyers and Rising Stars selects attorneys from all firm sizes using a detailed selection process that includes nominations, independent research and peer evaluation by practice area.  These lists are published in state and regional editions of Super Lawyers Magazines and other regional magazines and newspapers.

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CVMM PREPARES AND SERVES SUMMER MEAL AT SIMPSON SHELTER

On May 17, 2018,  attorneys and staff from Cousineau, Van Bergen, McNee and Malone  prepared and served a meal for guests at the Simpson Shelter in Minneapolis. We had a large grill in the parking lot where 120 hamburgers and brats were grilled!  Along with the burgers and brats, we served toppings for the meats, a vegetable/pasta salad, baked beans, chips, milk and lemonade along with a variety of ice cream treats for dessert.   Bags of trail mix were assembled and provided at the end of the meal. Attorneys and staff made personal donations of bags of towels, washcloths, blankets,  … Read more

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MEAGHAN C. BRYAN RECEIVES FAVORABLE OUTCOME ON FIRST-PARTY PROPERTY DAMAGE CLAIM

Attorney Meaghan C. Bryan received a $90,000 RCV/$25,000 ACV appraisal award for her insurance carrier client on a $1.3 million first-party property damage claim asserted by a condominium association.  The claim arose out of a hail and wind storm that was confirmed to have impacted the condominiums; but Bryan was able to convince the appraisal panel that most of the damage observed at the property was from prior storm events and normal wear and tear.  After application of the per-building policy deductibles, the ACV payment would effectively zero out the award.  Attorney Meaghan Bryan practices in all areas of civil  … Read more

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Christopher P. Malone Selected ‘Top 100 Civil Defense Litigator’

Congratulations to Christopher P. Malone, who has been selected among American’s Top 100 Civil Defense Litigators for 2018.  Selection to America’s Top 100 Civil Defense Litigators is by invitation only and is reserved to identify the most exceptional Civil Defense Litigators throughout the nation.  Candidates are carefully screened and selected based on the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation and community impact.   Less that one-half percent (0.5%) of active attorneys in the United States receive this honor.  To learn more about Christopher P. Malone and his practice, please visit his attorney profile http://cvmmlaw.com/attorneys/malone-christopher-p/  … Read more

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CVMM ATTORNEYS RECOGNIZED AS BEST LAWYERS

Congratulations to these Cousineau, Van Bergen, McNee & Malone attorneys who have been recognized in the 24th edition of The Best Lawyers in America (2018 Edition):  Michael C. Lindberg – Personal Injury Litigation – Defendants and  Product Liability Litigation – Defendants;  Peter G.  Van Bergen – Personal Injury Litigation – Defendants and  Product Liability Litigation – Defendants;  Michael W. McNee –  Personal Injury Litigation – Defendants;  Susan D.  Thurmer –   Personal Injury  Litigation – Defendants.

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KIMBERLY FLEMING NAMED SHAREHOLDER

Cousineau, Van Bergen, McNee & Malone, P.A. is pleased to announce that Kimberly Fleming has become a shareholder with the firm.  Fleming practices in Minnesota and Wisconsin in the areas of personal injury defense including motor vehicle liability, premises liability, and general liability. Fleming also handles employment claims for employers, FCRA defense, and election law claims.  Fleming earned her J.D. from the University of Minnesota Law School, graduating cum laude. To learn more about Kimberly Fleming and her practice, please visit her attorney profile: http://cvmmlaw.com/attorneys/fleming-kimberly/    

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MINNESOTA COURT OF APPEALS HOLDS MINNESOTA STATUTES SECTION 60A.41 PROHIBITS CLAIMS AGAINST A THIRD-PARTY RENTER WHEN THAT INDIVIDUAL FALLS WITHIN THE POLICY DEFINITION OF AN “INSURED”.

Depositors Insurance v. Dollansky – CoA Decision Minnesota Court of Appeals 12/11/2017 In the recent Minnesota Court of Appeals of decision Depositors Insurance Company v .Dollansky, the Court held that Minnesota Statutes Section 60A.41 prohibiting insurance companies from subrogating against their own insured prohibits insurance companies from subrogating against a third-party renter that is defined as an “insured” by the terms of the policy, even if the renter is not a “named insured” on the policy. Craig and Julie Dollansky rented a motorhome from Karavan Trailers. Pursuant to the rental agreement, Dollansky was required to provide insurance for Vehicle Liability,  … Read more

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RACHEL B. BEAUCHAMP HAS ARTICLE “62Q AND YOU” FEATURED IN MINNESOTA BENCH AND BAR

The December 2017 issue of Bench & Bar Minnesota magazine features an article by Rachel B. Beauchamp titled “62Q and You; An Esoteric Procedural Love Story”. In the article, Beauchamp discusses a long-standing Minnesota statute which has suddenly gained new life with the Minnesota Court of Appeals Decision, W. Nat’l Ins. Co. v. Nguyen, No. A17-0314, 2017 WL 4105224 (Minn. Ct. App. 9/18/2017) petition for cert filed, 10/16/2017.  With the  new decision, a long-argued but seldom applied legal procedure gives no-fault insurers a complete legal defense to no-fault arbitration claims in (very limited) specific circumstances. The December 2017 article can be found here.

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Michael W. McNee Elected to The American Board of Trial Advocates “ABOTA”

CVMM congratulates Shareholder Michael W. McNee on his election to the American Board of Trial Advocates.  Membership is by invitation, only.  Any trial lawyer who is of high personal character and honorable reputation, and who is a member of the Bar of the State, province, district, territory or country in which he or she practices, and who has at least 10 civil jury trials to jury verdict is eligible to be invited.  Mike has had ­more than 30 jury trials go to verdict.  Judges, legislators, and community leaders believe that ABOTA encompasses what is “best” in the legal profession, and  … Read more

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Attorney Fleming’s Fair Campaign Practices Act Claim Generates Media Buzz

Attorney Fleming’s summer victory on behalf of her client’s Fair Campaign Practices Act claim has been generating some media “buzz” as we swing into election season!  Read more about it: http://www.startribune.com/panel-rules-that-orono-mayor-used-illegal-campaign-material/450101433 Retracing OronoWatch4U in the 2016 election | Local | swnewsmedia.com

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CVMM Prepares and Serves Meal at Simpson Shelter

On September 29, 2017, Cousineau, Van Bergen, McNee and Malone was pleased to give back to our community.  Attorneys and staff prepared and served a meal for 110 guests at the Simpson Shelter in Minneapolis. The menu included open faced turkey and roast beef sandwiches served with mashed potatoes and gravy, peas, coleslaw and apple crisp with ice cream for dessert. Attorneys and staff also made personal donations of bags of towels, washcloths, blankets, and travel size toiletries to aid the shelter in its services; Simpson Shelter has shelter space for 22 women and 44 men, and provides stability and  … Read more

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Michael Barrett and David Wikoff Deliver Defense Verdict After 7 Day Jury Trial

Attorneys Michael Barrett and David Wikoff, working with the client’s corporate counsel, successfully obtained a defense verdict for their client following a seven day trial in Hennepin County.  Their client was a subcontractor involved in a construction dispute with a general contractor involving two building projects.  The general contractor sought damages for repairs and delays it claimed resulted from the subcontractor’s workmanship on the projects. The subcontractor also prevailed in its counterclaim for damages against the general contractor. Attorneys Michael Barrett and David Wikoff practice in all areas of civil defense litigation, including construction law.

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Attorney Fleming Prevails on Fair Campaign Practices Act Claim

Attorney Kimberly Fleming successfully represented a former Minnesota mayor who brought a Fair Campaign Practices Act violation petition to the Office of Administrative Hearings related to the November 2016 election.  Ms. Fleming prevailed on the matter before the 3-panel court which found for her client, held there was a violation, and issued a penalty against the party charged.

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Michael D. Sharkey Has Article, “Grave Matters: The Law and Practice of Disinterment, Reinterment, and Exhumation in Minnesota” featured in Bench & Bar Minnesota

The May/June 2017 issue of Bench & Bar Minnesota magazine features an article by Michael D. Sharkely titled “Grave Matters: The Law and Practice of Disinterment, Reinterment, and Exhumation in Minnesota”. In the article, Sharkey discusses the serious business of meeting the emotional, religious, and legal, requirements involved in moving human remains.  Sharkey provides some basic history, the applicable laws, and the reasons why such movement may be necessary.  He also describes the human aspect of this work, including the satisfaction that can be given to a family member in having their loved one properly buried in a family or otherwise meaningful plot at long  … Read more

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Attorneys Lindberg and Lindberg Achieve Complete Defense Victory on First Day of Trial Plus An Award of Trial Preparation Attorney Fees and Costs

CVMM lawyers Michael Lindberg and Peter Lindberg defended an international automobile auction company in a breach-of-contract lawsuit.  On the first day of trial in Minnesota state court in May 2017, they requested the dismissal of the plaintiff’s case because of his inability to prove liability or damages.  The judge, who had previously denied a motion for summary judgment, agreed, and not only dismissed the case with prejudice, but, in an extremely rare ruling, awarded the CVMM client its attorneys’ fees and expenses for trial preparation in a judgment against the plaintiff.

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Minnesota Supreme Court Finds That The “Proceeds Awarded” In A First-Party Claim For Benefits As Described By Minnesota’s Bad Faith Statute Are Unambiguously Capped By The Insurance Policy.

Wilbur v. State Farm Mutual Automobile Insurance Company Minnesota Supreme Court 4/5/2017 The Minnesota Supreme Court’s decision in Wilbur v. State Farm Mutual Automobile Insurance Company addressed a question of first impression regarding the imposition of damages against an insurance company for a bad faith denial of a first-party underinsured motorist (UIM) claim.  Minnesota Statutes Section 604.18 authorizes an award of “taxable costs” against an insurer who has denied a claim for insurance benefits without a reasonable basis; those costs are calculated based upon the amount of the “proceeds awarded” to a claimant following successful claims for breach of contract  … Read more

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Michael C. Lindberg Joins Cousineau, Van Bergen, McNee & Malone, P.A.

CVMM is pleased to welcome Michael C. Lindberg to the firm as an of counsel attorney!  Attorney Lindberg is a graduate of Carleton College and the University of Minnesota Law School.  Over the past forty years he has tried numerous cases in both state and federal court defending products liability claims, aviation claims, and agricultural claims arising out of chemical drift. Lindberg was among the first lawyers in Minnesota to be certified a Civil Trial Specialist, a group of less than one percent of Minnesota attorneys.  Lindberg is AV rated by Martindale-Hubbell, is listed in The Best Lawyers in America, and for several  … Read more

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Rachel Beauchamp to co-chair MDLA Insurance Law Committee

CVMM congratulates Attorney Rachel B. Beauchamp on her new position as co-chair of the Minnesota Defense Lawyers Association (MDLA) Insurance Law Committee.  The MDLA Insurance Law Committee prepares, hosts, and presents, educational meetings and seminars regarding insurance coverage issues of particular interest to insurance defense attorneys.