News & Resources

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Rachel B. Beauchamp Successfully Defends Attempts to Revise Minnesota’s Property Damage Recovery Standards

Rachel B. Beauchamp obtained summary judgment defining the scope of “loss of use” damages recoverable in a case involving multiple severed telecommunications cables.  Attorneys around the country have brought lawsuits alleging that telecommunications companies are entitled to hundreds of thousands, and sometimes millions, of dollars of damages for “loss of use” during the time it takes to repair damaged or severed cables even if the companies were able to reroute their traffic onto alternative capacity cables and have not issued any refunds to customers, have not lost any revenue, and have lost no profits.   Some jurisdictions have allowed telecommunications companies  … Read more

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TAMARA L. NOVOTNY RECEIVES COMPLETE DISMISSAL OF MULTI-COUNT INSURANCE COVERAGE CASE IN MINNESOTA

Tamara L. Novotny obtained complete dismissal of claims asserted against her client, a commercial trucking insurer, in a January 2019 Order.  The case arose from an accident in which a truck driver suffered multiple fractures when an 1,800-pound hay bale fell off a trailer which was being loaded.  Attorney Novotny initially obtained dismissal of a claim for uninsured motorist benefits brought against her client in the underlying lawsuit, but months later the driver reasserted a claim for no-fault benefits, which had been denied.   In a declaratory judgment action, the driver asserted a counterclaim and sought damages in excess of  … Read more

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TAMARA L. NOVOTNY OBTAINS SUMMARY JUDGMENT IN NORTH DAKOTA INSURANCE COVERAGE CASE

Tamara L. Novotny received a favorable Order in January 2019 wherein a North Dakota federal judge found her client, a commercial trucking insurer, did not have a duty to defend or indemnify various entities, including the owner of an oil well, in two lawsuits brought by truck drivers who suffered serious burn injuries from a flash fire.  The oil well owner and others argued they were entitled to coverage as additional insureds and/or pursuant to an agreement entered into with the insurer’s named insured.  The court found the drivers’ injuries were related to hydrofracking and the storage and disposal of  … Read more

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Meaghan C. Bryan Receives Defense Verdict in Real Estate Arbitration

Meaghan C. Bryan obtained a complete dismissal of an arbitration and $0-award in favor of her client, a residential real estate broker, in an arbitration on January 25, 2019.  Claimants alleged that the listing agent/broker and his clients, the sellers, failed to disclose material facts regarding the property’s history of water intrusion, mold, and structural issues, which had resulted in the three-season porch sinking and separating from the residence after the sale of the home.  Attorney Bryan successfully argued that the standard of care did not require the listing agent to discover and disclose the alleged defects, and that the  … Read more

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Rachel Beauchamp Named Shareholder

Cousineau, Van Bergen, McNee & Malone, P.A.  is pleased to announce that Rachel Beauchamp has become a Shareholder with the firm.  Beauchamp practices in Minnesota and Wisconsin in the areas of transportation law (including commercial trucking, FELA and admiralty), appellate law, insurance coverage, personal injury defense, premises liability, subrogation, dram shop, construction defect litigation and general liability.  Beauchamp earned her J.D. from William Mitchell College of Law, graduating magna cum laude.  To learn more about Rachel Beauchamp, please visit her attorney profile https://cvmmlaw.com/attorneys/beauchamp-rachel-b/    

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Attorney Beauchamp Assists College Student in Obtaining Citizenship

CVMM congratulates Attorney Rachel Beauchamp on her pro bono service.  In addition to her civil practice, Attorney Beauchamp provides pro bono services to legal refugees navigating the complex process of obtaining United States Citizenship.  Attorney Beauchamp was proud to watch her client, a young former refugee from Burma, and current college student, take her oath of citizenship last week!  CVMM encourages community service through both financial contributions to pro bono organizations and by encouraging its associates and partners to provide direct pro bono services.

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Meaghan Bryan Presents at MDLA “Bootcamp”

On Friday, November 9, 2018, Meaghan Bryan was a presenter along with other industry experts during a full-day “bootcamp” program sponsored by the Minnesota Defense Lawyers Association, entitled: Representing Insurance Companies: What Your Clients Wish You Knew.   Meaghan’s presentation was on Ethical Issues for Insurance Defense Attorneys, which highlighted the ethical challenges inherent in the ‘tripartite relationship’ between defense counsel, the insured, and the insurer, including questions regarding the scope of representation, duties owed to the insured versus the insurer, conflicts of interest, confidentiality, insurance coverage issues, and defending insureds subject to a reservation of rights.  Attendees were given practice  … Read more

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Christopher P. Malone and Rachel B. Beauchamp Deliver Defense Verdict After 4 Day Jury Trial

Shareholder Christopher P. Malone and Sr. Associate Rachel B. Beauchamp were pleased to achieve a defense verdict for their client after a four day jury trial in Hennepin County, MN.  The personal injury trial centered on a semi-tractor and pedestrian accident, including defense of the claimed liability, which involved testimony from an accident reconstructionist and toxicologist.  The trial also involved a claimed traumatic brain injury, and significant orthopedic leg injury requiring multiple surgeries – three separate doctors testified regarding the nature and scope of Plaintiff’s claimed injuries. The parties stipulated to past medical expense damages of $145,0000. Plaintiff asked the  … Read more

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MICHAEL D. BARRETT ELECTED TO THE AMERICAN BOARD OF TRIAL ADVOCATES “ABOTA”

CVMM congratulates Shareholder Michael D. Barrett 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 40 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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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 https://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: https://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