News & Resources

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CVMM CONGRATULATES ASSOCIATE ALEX KLEIN ON HIS PRESENTATION AT THE UNIVERSITY OF ST. THOMAS SCHOOL OF LAW’S JOURNAL SYMPOSIUM ON PRISONER RIGHTS

On April 22, 2022, Associate Alex Klein was honored to be a presenter at the University of St. Thomas School of Law’s Law Journal Symposium on Prisoner Rights and Prison Condition Litigation. Klein and his co-presenter Claire Kueffner spoke regarding their experience representing a transgender woman in her appeal to the Ninth Circuit Court of Appeals regarding her Federal Tort Claims Act claim against the US Government for a sexual assault she suffered while in confinement at USP-Tucson.  You can view Klein’s presentation beginning at the 2:31:00 mark on YouTube here:   

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Rachel Beauchamp and Stephanie Maser Attend MDLA Mid-Winter Conference

Shareholder and MDLA Board Member Rachel Beauchamp and Associate Stephanie Maser recently attended the Minnesota Defense Lawyers Association’s Mid-Winter Conference.  This conference was focused on understanding and strengthening the relationship between litigation attorneys and in-house attorneys and/or claims adjusters; and, on increasing diversity and opportunity within defense law firms in Minnesota.  Families were welcome, and Rachel and Stephanie’s daughters brought extra joy to the evening festivities.

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MINNESOTA SUPREME COURT HOLDS THAT COMMON INTEREST ASSOCIATIONS ARE ONLY REQUIRED TO DISCLOSE RECORDS THAT FALL WITHIN THE CATEGORIES LISTED IN MINN. STAT. § 515B.3-118, WHICH INCLUDES “RECORDS OF MEMBERSHIP.”

On April 6, 2022, the Minnesota Supreme Court held that a request for records by a member of a common interest association must be granted only if such request falls within the categories listed under Minn. Stat. § 515B.3-118. Interpretation of this statute rests on the meaning of the phrase “all records … shall be made reasonably available for examination.” The Court determined that “all records” is limited to the certain categories listed in the statute but goes beyond the statutorily minimum required records if that record is included in one of the previously mentioned categories. In the underlying action,  … Read more

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Minnesota Supreme Court holds that summary judgment is no longer available in slip and fall cases when a plaintiff’s theory of liability rests on speculation and inference that a known hazard caused the injury; this is a dramatic revision to Minnesota slip and fall litigation.

Staub v. Myrtle Lake, LLC & James Lown Minnesota Supreme Court 09/22/2021 On September 22, 2021, the Minnesota Supreme Court held that a plaintiff’s assertion that an alleged dangerous stairway condition caused a fall that resulted in a death, with no direct evidence regarding the cause of the fall, was enough to allow the plaintiffs’ claim to survive summary judgment. This holding is a marked departure from prior slip and fall case law, in which Minnesota courts have previously granted summary judgment to the defense in cases that would require a jury to engage in speculation to determine the cause  … Read more

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CVMM Congratulates Shareholders Michael Barrett and Rachel Beauchamp on a defense verdict after a three-day jury trial

Shareholders Barrett and Beauchamp were proud to defend a family owned business from claims that it was negligent with regards to the sales and servicing of equipment which the plaintiff claimed had malfunctioned and partially amputated her finger.  After testimony from many fact witnesses and three expert witnesses, the jury found our client had no fault with regards to the Plaintiff’s accident and resulting injury.  It was a pleasure to assist our client through the defense of this stressful case and we were very happy they received the peace of mind that comes from a jury agreeing that our client  … Read more

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CVMM Lawyers Recognized in 2022 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 2022 Edition of The Best Lawyers in America ©. Congratulations to Michael C. Lindberg (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants), Christopher P. Malone (Litigation – Insurance and Transportation Law), Susan D. Thurmer (Personal Injury Litigation-Defendants and Railroad Law) 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  … Read more

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CVMM Attorneys Included on 2021 Minnesota Super Lawyers List

Cousineau, Van Bergen, McNee & Malone is proud to announce that Peter G. Van Bergen, Christopher P. Malone, Jessica J. Theisen, Meaghan C. Bryan, Tamara L. Novotny, Michael C. Lindberg and Susan D. Thurmer have been selected for inclusion on the 2021 Minnesota Super Lawyer list. We are also proud to announce that Peter M. Lindberg has been selected as a 2021 Minnesota Rising Star. Each year, Super Lawyers selects attorneys from all firm sizes using a detailed selection process that includes peer nominations, independent research and peer evaluations. The list of Super Lawyers is published as a special section  … Read more

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Attorney Michael D. Sharkey – Cemetery & Mortuary Law Specialist

In addition to his standard practice of automobile and premises liability cases, Shareholder Michael Sharkey works in the unique field of mortuary law.  While some people see this is as a grim and morbid area of law, Sharkey practices it as a labor of love, helping individuals address their greatest losses with respect and care.  In a recent case, Sharkey helped a family exhume a casket that was buried in 1968.  At that time, the deceased and his wife were in a terrible car crash; he was buried alone in a single plot while his wife was in a coma  … Read more

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United States Supreme Court reaffirms that International Shoe remains the canonical decision in the area of personal jurisdiction in Ford Motor Co. v. Montana Eighth Judicial District Court

In the recent decision Ford Motor Co. v. Montana Eighth Judicial District Court, the United States Supreme Court addressed personal jurisdiction over companies doing business nationwide and reaffirmed that International Shoe remains the canonical decision in the area of personal jurisdiction. This case stemmed from two separate motor vehicle accidents in Montana and Minnesota, respectively. Each accident was caused by defective Ford motor vehicle parts. Each individual motorist filed suit against Ford and alleged, inter alia, products liability, failure to warn, and negligence. Each plaintiff argued that specific jurisdiction existed because a person may have made the decision to purchase  … Read more

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RACHEL B. BEAUCHAMP OBTAINED SUMMARY JUDGMENT IN WISCONSIN COVERAGE CASE ADDRESSING “WAGE AND HOUR” CLAIMS

Rachel B. Beauchamp obtained a declaratory judgment of no coverage and no obligations of defense or indemnity on behalf of her client in a Wisconsin declaratory judgment action.   The case addressed an underlying class action lawsuit alleging violations of both Wisconsin and Federal laws regulating overtime, travel time, minimum wage, and computation of overtime and benefits.  Attorney Beauchamp’s insurer had policies of insurance providing CGL coverage, Employee Benefits Liability Coverage, EPLI coverage, and umbrella coverage.   The defendant argued that coverage for the class action claims was found in both the Employee Benefits Liability coverage and the EPLI coverage – and  … Read more

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MSBA NAMES ATTORNEY CHRISTOPHER MALONE CERTIFIED CIVIL TRIAL SPECIALIST

Cousineau, Van Bergen, McNee & Malone congratulates its President, Christopher P. Malone, for his certification as a Certified Civil Trial Specialist by the Minnesota State Bar Association. With this achievement, Attorney Malone joins an elite group of attorneys (fewer than 3%) in Minnesota who are certified specialists in their field.   When the Minnesota State Bar Association designates an attorney as a “Certified Civil Trial Specialist”, it is confirming that attorney has significant experience, skill, and knowledge in pursuing civil litigation through trial.  The Minnesota State Bar Association designates lawyers as “Certified” only when they have met those standards as well  … Read more

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Shareholder Rachel Beauchamp Selected to Serve on MDLA Board for 2021

Cousineau, Van Bergen, McNee & Malone, P.A. is pleased to announce that Shareholder Rachel Beauchamp has been selected to serve on the Board of Directors for the Minnesota Defense Lawyers Association (MDLA).  MDLA is an association dedicated to the ongoing education and support of civil defense lawyers.  Beauchamp has previously presented at multiple MDLA educational seminars and serves as an editor of MN Defense (the MDLA quarterly magazine).  Beauchamp specializes in the areas of commercial trucking and coverage, but handles all types of civil litigation defense in Minnesota and Wisconsin.  To learn more about Beauchamp, please visit her attorney profile.

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CVMM Lawyers Recognized in 2021 Edition of “Best Lawyers in America”

Cousineau, Van Bergen, McNee & Malone is proud to announce that five of our attorneys have been recognized in the 2021 Edition of “The Best Lawyers in America.” Congratulations to Michael C. Lindberg (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants), Christopher P. Malone (Transportation Law), Michael W. McNee (Personal Injury Litigation-Defendants) Susan D. Thurmer (Personal Injury Litigation-Defendants and Railroad Law) 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  … Read more

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CVMM Attorneys Included on 2020 Minnesota Super Lawyers List

Cousineau, Van Bergen, McNee & Malone is proud to announce that Peter G. Van Bergen, Michael W. McNee, Susan D. Thurmer, Michael C. Lindberg, Meaghan C. Bryan and Tamara L. Novotny have been selected for inclusion on the 2020 Minnesota Super Lawyers list. Each year Super Lawyers selects attorneys from all firm sizes using a detailed selection process that includes nominations, independent research and peer evaluation by practice area.  The list of Super Lawyers is published in state and regional editions of Super Lawyers Magazines and other regional magazines and newspapers.

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Attorneys Beauchamp and Lindberg have article “Same As It Ever Was: Lambertson Contribution in a Post-Fish v. Ramler World” featured in Minnesota Defense Magazine.

The Spring 2020 issue of Minnesota Defense magazine features an article by Rachel Beauchamp and Peter Lindberg titled “Same As It Ever Was: Lambertson Contribution in a Post-Fish v. Ramler World”. In the article, Beauchamp and Lindberg discuss the effect a recent decision has on an alleged tortfeasor’s right to recover contribution from an alleged at-fault employer that has paid workers compensation benefits to an injured worker.   Their article discusses the balancing test of equities and outlines how litigators, and insurers, can analyze the effect, if any, of an employer’s alleged fault on exposure for a bodily injury claim with  … Read more

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RACHEL B. BEAUCHAMP PRESENTS AT MDLA WINTER CONFERENCE

On Saturday January 25, 2020, Rachel B. Beauchamp was a presenter, along with other attorneys and industry experts, at the Minnesota Defense Lawyers Association Winter Conference.  Beauchamp’s presentation was titled “Defense Against the Dark Arts: Motion Practice in Commercial Trucking Defense.  Beauchamp’s presentation focused on both the practical and theoretical aspects of motion practice in Commercial Trucking and how it is different from standard two-car motor vehicle accident defense.  Her presentation addressed the most common motions being handled in trucking litigation today, and discussed the strategic benefits that motions can bring to commercial trucking cases.  Beauchamp urged attorneys and insurers  … Read more

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Meaghan C. Bryan obtains summary judgment in premises liability suit based on the trespasser doctrine

Meaghan C. Bryan obtained a dismissal of all claims against her client, a plumbing subcontractor, in a personal injury suit arising out of an ongoing residential construction site.  The plaintiff and her husband had gone on an evening walk around their affluent Lake Minnetonka neighborhood and chose to enter and explore an active residential construction site under the control of a general contractor with whom they had a prior personal/family relationship.  There were no workers onsite, it was after-hours, and there were not any “no trespass” signs or fencing blocking the site off.  The plaintiff entered the home and fell  … Read more

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Meaghan C. Bryan obtains summary judgment in favor of a certified home inspector in a real estate disclosure suit arising from alleged mold infestation

Meaghan C. Bryan obtained summary judgment in favor of a certified home inspector who allegedly failed to observe and report to the plaintiff homebuyers signs of water intrusion and mold in the home at the time of the home inspection.  According to the plaintiffs, who were first-time homebuyers of a home that allegedly developed a mold infestation within a month of the purchase, the home inspector should have noticed and disclosed that the drywall had been replaced throughout the home and basement, there was heavy white paint covering the concrete walls of the basement, and there were rusty drywall screws  … Read more

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CVMM Lawyers Recognized in 2020 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 2020 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 Railroad Law) 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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MICHAEL LINDBERG OBTAINS DEFENSE VERDICT IN AVIATION COMMERCIAL DISPUTE

CVMM lawyer Michael Lindberg successfully defended an aircraft renovation business in a four-day jury trial in Dakota County, Minnesota with the assistance of CVMM associate Peter Lindberg .  A wealthy businessman engaged CVMM’s client to renovate a 54-year-old airplane, including installation of a new engine, propeller, cowling, lighting, and cockpit instruments.  During the ten months of work, unknown discrepancies were discovered, discussed with the aircraft owner, and corrected.  Unfortunately, the new propeller was slightly damaged in a test flight, so the CVMM client paid for a repair.  The owner sued, alleging that he had been overcharged; that the aircraft was  … Read more