Practice Areas

Cousineau, Van Bergen, McNee & Malone, P.A.’s attorneys ethically and vigorously represent individuals, businesses, third-party administrators, and local and national insurers in state, federal and appellate courts throughout Minnesota, Wisconsin and North Dakota. Our attorneys’ diverse experience, knowledge and talents allow us to efficiently and effectively partner with our clients in a wide range of civil litigation cases.

Alternative Dispute Resolution

The attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. understand that not every case is meant for trial. With the collective experience of hundreds of trials to draw from, our attorneys understand the risks and benefits of litigating a case through trial, and how to value cases that are best settled short of trial. We routinely represent clients in mediations, arbitrations, med-arbs, property damage and insurance appraisals, and other forms of ADR to settle claims before significant trial expenses are incurred. In addition, several attorneys at Cousineau, Van Bergen, McNee & Malone, P.A.’s attorneys are listed as qualified neutrals under Rule 114 of the Minnesota Rules of General Practice and have been selected to serve as neutrals in private mediations as well as binding arbitrations. Those attorneys include:

Appellate Advocacy

Cousineau, Van Bergen, McNee & Malone, P.A.’s appellate attorneys represent clients in state and federal appeals courts in Minnesota, Wisconsin, and North Dakota. Whether appealing from or responding to an appeal from a summary judgment order or trial verdict, appellate advocacy is a unique area of practice that requires an attorney able to present a compelling argument to a panel of appellate judges who will decide whether to affirm or reverse the trial court’s decision. Our attorneys understand that a successful appeal begins with a critical review of the record and applicable standard of review in order to assess the merits of an appeal. Our experienced and knowledgeable appellate attorneys then identify the critical factual or legal issues and present the client’s position in a persuasive but concise brief and at oral argument. Some of the appellate cases our attorneys have handled include:
  • Expose, Jr. v. Thad Wilderson & Assoc., P.A. (MN) (Therapist’s Duty to Warn)
  • Isanti Estates, LLC v. McCarthy Well Co. (MN) (Failed Commercial Well)
  • Dybdahl v. Midwave Corp. (MN) (Age Discrimination)
  • Great West Cas. Co. v. National Cas. Co. (8th/ND) (Trucking/Non-Trucking Insurance)
  • In re Kurdyumova (MN) (Burial of Human Remains)
  • Glendalough Homeowners Assoc. v. Nassar (MN) (Construction Defect)
  • Casey v. Smith (U.S./WI) (Trucking/Non-Trucking Insurance)
  • General Mills Operations, LLC v. Five Star Custom Foods, Ltd. (8th/MN) (Product Liability)
  • Perry v. Zurich North American, Inc. (MN) (UIM Coverage/Wrongful Death)
  • George v. Wisconsin Mutual Ins. Co. (WI) (Cancellation of Insurance Policy)
  • Brown v. Sandeen Agency, Inc. (WI) (Workers’ Compensation Coverage)
  • Great West Cas. Co. v. Carolina Cas. Ins. Co. (MN) (Trucking/Non-Trucking Insurance -Wrongful Death)
  • Auto-Owners Ins. Co. v. Great West Cas. Co. (MN) (Trucking/Non-Trucking Insurance - No-Fault)
  • Precision Diversified Industries v. Colgate (MN) (Legal Malpractice)
  • Starr v. Metro System, Inc. (8th/MN) (ERISA Notification)

Aviation Litigation

Cousineau, Van Bergen McNee & Malone’s aviation attorneys have decades of experience and are nationally recognized for the defense of aviation-related lawsuits. CVMM lawyers have defended lawsuits across the upper Midwest on behalf of aircraft and component manufacturers, airlines, aircraft owners, pilots, airframe and power plant mechanics, fixed-base operators, air-taxi operators, repair stations, ground support, and crew. CVMM lawyers have litigated aircraft component failures of the fuel filter, cabin pressurization system, muffler shroud, landing gear, flaps, cylinders, fuel pump, carburetor float, collector gear, landing gear door, cluster fitting, seatbelts, altimeter, turbo charger, fuel selector valve, pistons, fuel tank caps, fuel tank bladders, auto-ignition restart kit, propeller adjustment piston, and fuel additives. Our airline defense experience includes personal injury, property damage, and other common-law tort case such as boarding and disembarking accidents, mishandled wheelchair transfers, electric cart mishaps, slip-and-falls, luggage falling from overheads, lost bags, denied boarding, delayed flights, etc. We also defend claims raising unique aviation issues in contracts of carriage, state Passengers’ Bills of Rights, the Federal Aviation Act, Airline Deregulation Act, Warsaw Convention, Montreal Convention, Federal Tort Claims Act, removal statutes, etc. We work closely with experts and have deep knowledge of technical issues, federal and state law, and Federal Aviation Regulations. We efficiently manage pre-trial litigation and zealously represent our clients’ best interests throughout settlement negotiations and alternative dispute resolution proceedings. We have significant courtroom experience at the trial court and appellate levels and pride ourselves on achieving the best possible outcomes for our clients. Notable engagements of our attorneys in high-exposure aviation litigation include:
  • Wellstone aircraft accident
  • Air ambulance helicopter crash
  • Denied boarding to Muslim clerics by major airline
  • Cirrus aircraft product liability defense
  • Piper Meridian crash

Care Facility & Nursing Home Litigation

As the age of the population increases, so too are the number of lawsuits brought against care facilities and staff that house and care for elderly and vulnerable adults. The attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. practicing in this area appreciate the complexities and challenges that our clients face in their business and when presented with an incident that may or has given rise to litigation. Our attorneys understand the need to meet with the involved employees and to gather and review critical documents early in order to provide candid evaluations and recommendations regarding settlement or litigation. Our attorneys are familiar with the attorneys who regularly bring claims and lawsuits against care facilities and their routine practices pre-suit and during litigation, so our attorneys are able to manage our client’s expectations and guide them through the challenges of litigation. Whether dealing with an investigation by the state or other regulatory agency, pre-suit demands or document retention requests, discovery, and motions, our attorneys are able to help our care facility clients defend against the many allegations typically asserted against them, including claims of malpractice, negligence, abuse, wrongful death, inadequate staffing and training, violation of statutes and regulations, and failure to comply with care plans. Our attorneys have represented clients in cases involving poor nutrition, pressure ulcers, medication errors, elopement, and abuse by staff or other residents, including at:
  • Nursing Homes
  • Assisted-Care/Senior Housing Facilities
  • Rehabilitation Centers
  • Day Care Facilities
  • Juvenile Centers
The attorneys who practice in this area also among our Medical Malpractice/Professional Liability attorneys, so they are able to use their knowledge from that practice area to represent and defend care facility administrators and staff if and when an incident results in an investigation by a professional board.

Cemetery & Mortuary Law

Cousineau, Van Bergen, McNee & Malone, P.A.’s Mortuary Law Practice Group and Cemetery Law Practice Group is led by Michael D. Sharkey, who is a licensed funeral director with significant industry expertise and insider knowledge of funeral practice. Our mortuary law attorneys provide advice and counsel for funeral homes, crematories, and licensed funerals directors. They litigate on behalf of funeral practitioners, including defending funeral businesses in civil lawsuits. The Mortuary Law Practice Group also assists funeral professionals with FTC, OSHA, and state law compliance, regulatory issues, and crematory permitting. The mortuary law attorneys have significant experience in representing funeral homes and licensed funeral directors before the Department of Health. The attorneys advise insurance companies and funeral operators regarding risk management. The attorneys also work with funeral homes in the role of “fixer” by providing assistance in working with difficult families so that the funeral home’s reputation is maintained. In addition to providing advice and counsel for cemeteries and their Boards of Directors, Cousineau, Van Bergen, McNee & Malone, P.A.’s mortuary law attorneys also provide litigation services to cemeteries including defending them against civil damages claims. The attorneys also work with cemeterians on regulatory and permitting/land use issues. Finally, the Mortuary Law Practice Group has both significant courtroom and field experience with disinterment/reinterment work including permitting and onsite exhumation project management.

Construction Law

The attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. have provided counsel and representation on a variety of residential and commercial construction matters throughout Minnesota and Wisconsin for more than 40 years. Our clients include insurance carriers, general contractors, subcontractors, owners, developers, architects, engineers, and utilities. From individual contract matters to complex multi-party litigation, our seasoned attorneys understand the unique challenges presented by construction claims, and have fostered the relationships necessary to help resolve construction claims as cost-effectively as possible. Our construction law practice encompasses liability claims alleging construction defect, structural and design defect, ‘wet house’/moisture intrusion, and breach of warranty; as well as first-party insurance coverage claims arising from construction disputes, in which we regularly provide coverage opinions and represent insurers in coverage actions. Specifically, our construction law practice includes, but is not limited to, the following:
  • Construction defects and warranties
  • Design defects
  • Architect liability/malpractice
  • Engineer liability/malpractice
  • Commercial and residential developments
  • Condominium and townhome association claims
  • Water infiltration and mold
  • Road construction
  • Boundary line disputes/trespass/tree removal
  • Soil composition and subsidence issues
  • Manure/waste storage and treatment
  • Insurance subrogation
  • Contract disputes/breach of contract
  • Insurance coverage for construction claims

Employment

The Employment attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. have represented small and large employers in employment claims for years. Our attorneys work closely with our clients to assist them through pre-suit investigations by the Minnesota Department of Human Rights or Equal Employment Opportunity Commission, litigation in state and federal courts, and post-trial appeals. Employment claims are often contentious and highly sensitive matters for both employers and employees. Our attorneys understand that and appreciate that these cases can be complex, from the applicable state and federal laws at issue, to the amount of documents and number of witnesses involved, and recognize that litigating these cases can be costly, including due to disruptions to ongoing business operations. Our attorneys conduct early meetings and interviews of the involved employees, supervisors and managers and review of the relevant documents, including personnel files, handbooks, employment contracts, etc., in order to assess the merits and potential risks of the claim in order to develop with our clients and their insurers a strategy for resolution or litigation. Cousineau, Van Bergen, McNee & Malone, P.A.’s employment attorneys have used this approach in their defense of employers in state and federal cases alleging discrimination or adverse employment actions involving the following:
  • Age
  • Race
  • National Origin
  • Disability/ADA Claims
  • Gender/Sexual Harassment
  • Pregnancy
  • Sexual Orientation
  • Religion
  • Equal Pay
  • Whistleblower Actions
  • Retaliation/Reprisal
  • Non-Compete Agreements

General Liability

The experience and knowledge of Cousineau, Van Bergen, McNee & Malone, P.A.’s attorneys allows us to represent and advocate for clients throughout Minnesota, Wisconsin and North Dakota in a broad range of cases and practice areas. Whether a soft-tissue personal injury case or a case involving catastrophic injuries or wrongful death, a case seeking compensatory, total loss, or punitive damages, or a case involving an unusual legal issue or area of the law, our attorneys work closely with our clients to achieve the client’s objectives. In addition to our other Practice Areas, the attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. also practice in or represent the following:
  • Public Utilities
  • Dram Shop/Liquor Liability
  • Real Estate
  • Retail/Hospitality
  • Insurance Appraisals
  • Business Law
  • Non-Profits
  • FCRA & FDCPA Defense
  • Election Litigation
  • Property and Casualty Litigation, including fire, business interruption, commercial property, builders’ risk, and homeowners losses

Insurance Coverage

The attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. have been representing national and local insurers for more than 40 years. Our attorneys use their years of experience in handling coverage matters and understanding of policy interpretation to help insurers determine their duties and obligations to defend or indemnify named insureds, additional insureds, and third-party claimants under various types of policies and in a wide array of factual situations. Whether the matter is seemingly straightforward or complex, our attorneys are able to handle all aspects of insurance coverage disputes, including providing coverage opinions and analysis, determining priority of coverage among insurers, addressing allocation or contribution issues, preparing reservation of rights or denial of coverage letters, and representing and defending insurers in declaratory judgment actions in state and federal courts in Minnesota, Wisconsin and North Dakota, including through appeal and where bad faith is alleged. Our Insurance Coverage attorneys have analyzed and litigated coverage matters involving the following lines of insurance:
  • Commercial General Liability (CGL)
  • Commercial And Personal Automobile
  • Construction Defect
  • Employment (EPL)
  • Homeowners
  • Trucking and Non-Trucking
  • Product Liability
  • Professional Liability
  • Directors & Officers (D & O)
  • Errors & Omissions (E & O)
  • Property
  • Umbrella and Excess

Motor Vehicle Liability

The attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. are known for their expertise in automobile insurance issues and related litigation in Minnesota, Wisconsin, and beyond. With over 40 years of experience handling these matters on behalf of insurance companies and self-insured entities, the breadth of our practice and experience in these matters cannot be understated. We skillfully represent our clients in all types and through all phases of automobile insurance and liability claims, from no-fault and underinsured/uninsured motorist matters, to liability defense; and from the initial claim investigation through the appellate process. Several of our attorneys are also Rule 14 “qualified neutrals” who are selected to serve as arbitrators in no-fault arbitrations. Our attorneys also are actively engaged in educating insurers, judges, and the broader legal community regarding issues relevant to motor vehicle liability and insurance issues. Several of our attorneys are contributing authors of the Minnesota Motor Vehicle Accident Deskbook, published and updated annually by Minnesota CLE; and are frequent presenters on emerging topics in the area of motor vehicle liability defense and insurance coverage. Our motor vehicle liability and insurance practice includes, but is not limited to, the following:
  • No-fault matters, including investigations, arbitrations, indemnity defense
  • Auto liability defense
  • Uninsured motorist
  • Underinsured motorist
  • Auto insurance coverage
  • Trucking liability

Premises Liability

Premises liability defense comprises a prominent part of Cousineau, Van Bergen, McNee & Malone, P.A.’s practice. Our attorneys have more than 40 years of experience defending premises liability cases and developing the very case law that governs these claims today by advocating for the defense in the appellate courts. We understand the varying standards of care and affirmative defenses applicable to owners, possessors, and operators of property, and how to tailor the pretrial investigative and discovery process to best position our clients for a favorable result. Premises liability claims often present a viable occasion for pretrial dismissal through aggressive motion practice. Our attorneys not only understand this, but maintain a bank of intelligent legal briefs and favorable trial court orders to best position our clients for pretrial dismissal in a cost-effective fashion. No matter how large or small the claim, the attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. provide exemplary representation in a cost-effective manner. Our premises liability practice includes, but is not limited to, the following:
  • Slip-and-fall
  • Retail liability
  • Dog/animal liability
  • Liquor liability
  • Private and public nuisance
  • Recreational liability
  • Artificial conditions
  • Snow removal liability
  • Improvements to property

Product Liability

The Product Liability attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. have represented manufacturers, sellers, distributors, and others responsible for maintaining products in claims alleging design or manufacturing defects. These cases are complex and often involve allegations of negligence, strict liability, breach of warranty, and failure to warn, and seek damages based on property damage, personal injury, and wrongful death. Any product liability case requires a determination as to whether the product was unreasonably dangerous so as to be legally defective, when the defect was created, whether the defect caused the injury or damages alleged, and whether anyone other than the manufacturer was involved in creating the defect or causing the damages. That may include the user/consumer who misused, altered/modified, assumed the risk, or otherwise used the product beyond its useful life. Our attorneys have the knowledge and experience to investigate and develop these issues in order to best defend our clients. We have done so in cases involving water heaters, heaters in agricultural vehicles, furnaces, punch presses, ladders, seating, casters, amplifiers, and other industrial and consumer products as well as food alleged to be contaminated.

Professional Liability & Malpractice

The attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. defend a wide range of professionals against claims of professional malpractice, errors and omissions, and fraud, including physicians, dentists, registered nurses, long term care facilities, mental health practitioners, real estate agents and brokers, architects, engineers, surveyors, lawyers, accountants, directors and officers, insurance agents and brokers, judicial mediators and funeral directors, among others. Our professional malpractice attorneys understand how personal and sensitive these matters can be for our clients, and that the outcome may have a direct impact on the client’s reputation, career, family, and livelihood. Accordingly, in addition to providing zealous advocacy, we understand the importance of listening to our clients’ goals, weighing the possible outcomes, and developing a strategy that is tailored to the client’s individual needs and implemented as discreetly as possible. We represent clients through all phases of litigation and appeals, as well as administrative matters involving professional licensing boards and other regulatory agencies. We also provide strategic legal guidance to professionals for purposes of risk avoidance and liability prevention. In addition to defending cases involving professional liability claims, we evaluate and defend actions for insurance coverage under Errors and Omissions, Directors and Officers, Employee Benefits Liability and other claims-made policies. Our professional liability/medical malpractice practice includes, but is not limited to, representing the following professionals in civil actions and licensing board matters:
  • Mental health professionals, including psychiatrists, psychologists, marriage and family therapists, professional clinical counselors
  • Physicians, nurses, medical technicians, emergency medical service providers
  • Dentists, dental assistants
  • Care facilities, including nursing homes, assisted living facilities, transitional care, home healthcare providers, group homes
  • Rehabilitation and detention facilities
  • Day care providers and centers
  • Real estate agents and brokers, real estate appraisers, home inspectors
  • Attorney/legal malpractice

Subrogation

The attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. represent clients throughout Minnesota and Wisconsin on a wide variety of subrogation matters, including automobile, property damage, construction defect, fire damage, and product liability subrogation claims. We understand the importance of early case assessment and streamlining the claim investigation in order to maximize potential recovery and eliminate unnecessary expense and loss. With a vast network of experts to consult on an array of matters large and small, the attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. are equipped to handle subrogation claims efficiently and effectively.

Trucking & Transportation Litigation

Cousineau, Van Bergen, McNee & Malone, P.A.’s trucking and transportation attorneys have extensive experience representing and defending motor carriers, owner operators, and their insurers in state and federal courts in Minnesota, Wisconsin, and North Dakota. Our attorneys are knowledgeable as to the vast state and federal regulations that govern the commercial trucking industry and the many issues and claims that arise therefrom, including leasing requirements, trucking and non-trucking (bobtail) insurance, the MSC-90, driver qualification, operating in hazardous conditions, logging and hours of operation, and inspection and securement requirements. Our trucking attorneys represent trucking clients and their insurers at all stages of a claim, from pre-suit investigation, through trial, appeals, and mediation/arbitration. Our attorneys handle first and third-party cases involving personal injury, including catastrophic injury and death, property damage, no-fault/PIP and UM/UIM, toxic spills, cargo damage and theft, and trucking/non-trucking insurance disputes. Our transportation practice also extends to handling maritime and railroad litigation. We have the ability to promptly respond to an accident in order to assess the scene, preserve evidence, including on-board data recording equipment, and counsel the driver. Away from the scene, our attorneys continue to diligently investigate and evaluate each claim and the evidence in order to develop a strategy that is in the client's best interest. The longevity of our trucking practice has also culminated in an established network of experts who conduct accident reconstructions, medical evaluations, damage and forensic evidence assessments in order to develop a strong defense. Cousineau, Van Bergen, McNee & Malone, P.A.’s attorneys are committed to understanding the challenges, complexities, and changes facing the trucking industry including through their memberships in the Trucking Insurance Defense Association (TIDA), Minnesota Trucking Association (MTA), Wisconsin Motor Carriers Association, Conference of Freight Counsel, and the Trucking Committee of the Defense Research Institute (DRI). Our trucking and transportation lawyers also contribute their knowledge to the industry by speaking and writing on issues of concern to these organizations as well as by regularly contributing a chapter on “Commercial Trucking Insurance” to the Minnesota Motor Vehicle Accident Deskbook and Minnesota Insurance Law Deskbook.