LIND, JENSEN, SULLIVAN & PETERSON, P.A.
150 South Fifth Street, Suite 1700
Minneapolis, Minnesota 55402
(612) 333-3637
Fax (612) 333-1030

Victory for Lind, Jensen, Sullivan & Peterson 

DRI member Richard A. Lind and Matthew D. Sloneker of Lind, Jensen, Sullivan & Peterson, P.A. in Minneapolis, and Kevin S. Taylor, John M. Roche, and Maya D. Curtis of Snell & Wilmer, LLP in Denver, successfully defended a national restaurant chain ("the bar") in a three-week liquor liability trial in Minnesota state court. The allegedly intoxicated person ("AIP"), also a defendant in the case, had been drinking with co-workers at the bar the night before the accident. Bar tabs for the five individuals showed a total of approximately 70 drink-equivalents served to the group in less than three hours. Approximately 9.5 hours after leaving the bar, the AIP caused an accident that severely injured the plaintiff, who had been riding a motorcycle.

The evidence in the case revealed that, upon leaving the bar, the AIP attended a gathering at a private residence. Multiple witnesses who were in attendance at that party offered conflicting testimony regarding what, if anything, the AIP had to drink while there. The AIP himself testified that he did not remember drinking anything while there, and that he fell asleep on a couch shortly after arriving. Another individual testified that the AIP did not sleep that night, but instead played cards, drank liquor, and took cocaine all night long. At approximately 10:00 a.m. the next morning, the AIP left the private residence. The accident occurred a few blocks away.

The AIP admitted that he was negligent and that his negligence was a direct cause of the accident. With respect to the bar's liability, the jury had to answer three questions: 1) whether the bar make an illegal sale to the AIP (defined as a sale to an "obviously intoxicated" person); 2) whether the illegal sale caused or contributed to the AIP's intoxication; and 3) whether the intoxication resulting from the illegal sale was a direct cause of the accident. The jury answered the first two questions in the affirmative, finding that the bar made an illegal sale, and that the illegal sale caused or contributed to the AIP's intoxication. However, the jury found that the resulting intoxication was not a direct cause of the accident.

The plaintiff claimed damages for past and future medical expenses; past and future wage loss, and pain and suffering of more than $18 million. The plaintiff had multiple broken bones, including a shattered pelvis, broken forearms, a broken femur, broken facial bones, and a broken shoulder. He also sustained left-field vision loss and other effects of a permanent brain injury, though he continued to test at an exceptional intelligence level. He had not returned to his job as a computer network systems analyst, alleging that his injuries left him unable to perform the tasks of his employment (due largely to arm/hand/finger dexterity limitations, the vision loss, and the brain injury).

The plaintiff asked the jury to allocate 75% of the fault to the bar, and 25% to the AIP. The jury awarded damages of just over $8 million, but assigned 100% of the fault for the accident to the AIP.  

Sullivan and O'Connor Take Rule 68 on the Road

On October 7, 2008 Ted Sullivan and Tim O'Connor were guests at MetLife Auto & Home's annual insurance/litigation conference. Ted and Tim offered analysis and insight into Minnesota's new Rule 68 Offers of Judgment and first party bad faith insurance litigation.  

Lind, Jensen, Sullivan & Peterson, P.A. Welcomes Connie I. Armstrong

Connie specializes in insurance defense, construction law and litigation. She got her B.S. in Business Administration from the University of Alaska - Southeast in Juneau, her M.A. in Business Organizational Management from the University of La Verne, California and her J.D. from William Mitchell College of Law. She is also an active member in the Minnesota Air National Guard as an Inspector General holding the rank of Major. Welcome Connie! 

Sarah E. Morris Named Partner August 1, 2008

Lind, Jensen, Sullivan & Peterson, P.A. is pleased to announce the new Partnership of Sarah E. Morris. Sarah is a 1991 cum laude graduate of the University of Minnesota Law School and a 1988 Phi Beta Kappa graduate of Texas Christian University. She holds an AV Peer Review Rating from LexisNexis Martindale-Hubbell. Her primary areas of expertise are in employment law and insurance coverage. She advises clients regarding compliance obligations under the Minnesota Human Rights Act, Family and Medical Leave Act, Age Discrimination in Employment Act, Title IX and the Americans with Disabilities Act. In addition, she investigates and defends harassment and discrimination claims in the state and federal courts. Sarah also counsels insurance carrier clients as to their rights and obligations to policyholders and provides representation in declaratory judgment actions.

Sarah serves as Secretary to the Minnesota Defense Lawyers Association Employment Law Committee. She belongs to the MDLA's Insurance Coverage Committee and to Human Resources Professionals of Minnesota. She is the author of "Inadvertent Disclosure of Privileged Information", Bench & Bar of Minnesota (August 2007) and "Recent Employment Law Developments in the Eight Circuit", The Hennepin Lawyer (March 2006). Minnesota Law & Politics has recognized Sarah as a "Rising Star."

Sarah's extensive appellate experience uniquely qualifies her to handle litigated matters through the appellate process. She has argued before the Minnesota Court of Appeals and the Eighth Circuit Court of Appeals.

Congratulations Sarah!

Lind, Jensen, Sullivan & Peterson, P.A. Welcomes Jeffrey A. Muszynski

Jeff comes to LJSP from the Minnesota Court of Appeals clerking for the Honorable Judge Jill Flaskamp Halbrooks this past year. Having experience clerking and doing legal research the past few years, Jeff was also an English teacher graduating from the University of Wisconsin, Whitewater with a B.S. in Secondary Education. Jeff went on to William Mitchell College of Law some years later to get his J.D. and pass the bar in 2007. Jeff will focus on appeals and general litigation to start with making a great addition to our firm. Welcome Jeff!

Nine Attorneys at Lind, Jensen, Sullivan & Peterson, P.A. Named 2008 "Super Lawyers" and Two Named "Top 100 Super Lawyers"

We are pleased to announce that nine of Minnesota's 2008 Super Lawyers^®, and two of the top 100 Super Lawyers are within our firm. Thomas Jensen, Brian Wood, Jack Moore, Mark Fredrickson, Bill Davidson, Ted Sullivan, Rick Lind, Tim O'Connor and Paul Peterson have all been awarded with the Super Lawyer honor. Both Paul Peterson and Thomas Jensen have received the title of Top 100 Super Lawyers for 2008. This is the third year that Mr. Peterson has received this award.

Minnesota Law & Politics, MPLS/St. Paul Magazine and Twin Cities Business Monthly published the 2008 list of Super Lawyers in the August issue of all 3 magazines. Only the top 5 percent of Minnesota's licensed attorneys made the list of 2008 Super Lawyers. Super Lawyers are named by their peers and through an independent research survey. For 2008, more than 800,000 lawyers nationwide participated in the survey. The lawyers are asked to nominate the best attorneys they've personally observed in action.

New Faces at Lind, Jensen, Sullivan & Peterson. Check out our new arrivals this year:

Patrick Ostergren - Patrick Ostergren specializes in the areas of workers' compensation & insurance defense. He was voted a "Rising Star" in 2008 by Minnesota Law & Politics. He attended William Mitchell College of Law, and was Managing Editor of the Journal of Russian Law and Policy, as well as a member of the Philip Jessup International Law Moot Court. After receiving his J.D., he served as judicial law clerk to Ramsey County District Court judge William H. Leary, III. He is an active volunteer in the community and enjoys speaking to students at area high schools about careers in the field of law. He enjoys running, eating and anything a 6-year old enjoys.

Thomas Evenson - Thomas J. Evenson, an associate attorney with Lind, Jensen, Sullivan & Peterson, P.A., focuses his practice on civil litigation. Prior to joining Lind, Jensen, Sullivan & Peterson, P.A., Tom was a judicial law clerk for the Honorable Kurt J. Marben in the Ninth Judicial District and a senior associate attorney at Hanson, Lulic & Krall, P.A.

Teresa Knoedler - Teresa Knoedler focuses her practice on civil litigation, including insurance defense and coverage disputes. She was a Student Legal Writing Instructor at the University Of Minnesota, Law School from 2005 - 2008 and participated in National Moot Court. In her time away from the office, Teresa keeps busy outdoors. She enjoys road and mountain biking, and cross country and downhill skiing.

Davidson/Sullivan presented at MDLA

July 8, 2008

Bill Davidson and Ted Sullivan presented at the MDLA's Insurance Law Committee meeting for July, the topic was "Bill and Ted's Excellent Adventure: One Carrier's Counsel's View of the Wooddale Builder's Allocation Trial." Counsel for one of the insurers involved in Wooddale will share their experiences and thoughts about this important case and its ongoing saga. 

Questions on Rule 68 or the new first party bad faith law?

June 2008

Do you have questions regarding the new changes to Rule 68 or the new first party bad faith law? Lind, Jensen, Sullivan & Peterson, P.A. is able to help. Our attorneys are ready to explain the new changes to Rule 68 of the Minnesota Rules of Civil Procedure and the new first party bad faith law. Our lead contact is Thomas Jensen. Reach him right away for information on these changes by clicking this link Thomas Jensen or call 612-333-3637.

Davidson named Lind, Jensen, Sullivan & Peterson, P.A. managing partner for second term

FOR IMMEDIATE RELEASE

Contact:
Mary Miller, Marketing and Operations
612.333.3637
mary.miller@lindjensen.com

April, 2008

The law office of Lind, Jensen, Sullivan & Peterson, P.A. has named William Davidson as managing partner of the firm for a second consecutive term as of April 1, 2008. The firm, based in Minneapolis, has 24 attorneys.

Davidson joined the firm in 1992 and became partner in 1997. Davidson took over the position from partner Paul Peterson who was managing partner from 2004 - 2006.

He serves on the Minnesota Defense Lawyers Association's amicus curiae committee and served on the governing council of the Minnesota State Bar Association's Appellate Practices Section for several years. Davidson was also on the Board of Directors for the Minnesota YMCA Youth in Government Program from January 1999 to January of 2008.

Lind, Jensen, Sullivan & Peterson, P.A. is a professional association with a singular focus on the practice of civil trial law - within the context of contemporary business. Our practice emphasizes trials, appeals and all aspects of alternative dispute resolution procedures - including mediation, arbitration, summary jury trials and similar approaches to non-traditional claim resolution.

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Sullivan named Law & Politics Top 40 Litigation List

FOR IMMEDIATE RELEASE

Contact:
Mary Miller, Marketing and Operations
612.333.3637
mary.miller@lindjensen.com

February, 2008

Ted Sullivan was named in the February/March 2008 issue of Minnesota Law & Politics in the publication's "Who's Who in Business Litigation" special section. Minnesota Law & Politics, a leading national legal publication, added Ted to "Minnesota's Top 40 Business Litigation Attorneys" list which reflects the top attorneys in Minnesota based on Super Lawyers awards.

Ted is a civil trial specialist certified by the National Board of Trial Advocacy and the Minnesota State Bar Association. He practices throughout Minnesota and Wisconsin. His practice areas include commercial litigation, product liability, environmental and employment law, insurance coverage disputes, insurance litigation, and professional liability. Ted has tried more than 70 civil cases. His experience also includes involvement in more than two-dozen decisions in the Appeals Courts. He is a member of Business Counsel, Inc. and a frequent speaker on the current legal issues. He also serves as a member of the 1923 Fund (charitable trust) Advisory board and the Board of Governors for the Mission Creek Company LLC (Real Estate Development). He has also been named a "Super Lawyer" by Minnesota Law & Politics from 2003 to 2007.

Lind, Jensen, Sullivan & Peterson, P.A. is a professional association with a singular focus on the practice of civil trial law - within the context of contemporary business. Our practice emphasizes trials, appeals and all aspects of alternative dispute resolution procedures - including mediation, arbitration, summary jury trials and similar approaches to non-traditional claim resolution.

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What's Been Happening first quarter, 2008 at Lind, Jensen, Sullivan & Peterson, P.A.?

Paul Peterson will be speaking at the ABA Spring 2008 National Legal Malpractice Conference, April 16-18, at The Westin Copley Place Boston. Paul will be joining a seasoned panel that will bring you up to speed with the latest law and how it may influence case evaluation and strategy in the professional liability field. Look for this breakout session entitled Case Law Developments on Thursday, April 17, 10:30 a.m. - 11:30 a.m. To learn more go to:

www.abalegalservices.org/lpl/conference.html

William Davidson, was named as managing partner of the firm for a second consecutive term as of April 1, 2008. The firm, based in Minneapolis, has 24 attorneys.

Ted Sullivan was named in the April 2008, Corporate Counsel Edition of Super Lawyers by Minnesota Law and Politics as a Business Litigation Super Lawyer in Minnesota.

Patrick Ostergren was Co-Chair of the Judges' Dinner Committee for the Ramsey County Bar Association's Judges' Dinner 2008. 

Emily Johns quoted Paul Peterson in the March 5, 2008 article, Suit claims school officials failed to stop sexual abuse, StarTribune. The Superintendent declined comment and referred all questions to Paul regarding the case in which Paul was quoted on behalf of the district.  

Ted Sullivan was named in the February/March 2008 issue of Minnesota Law & Politics in the publication's "Who's Who in Business Litigation" special section. Minnesota Law & Politics, a leading national legal publication, added Ted to "Minnesota's Top 40 Business Litigation Attorneys" list which reflects the top attorneys in Minnesota based on Super Lawyers awards.

Mark Fredrickson authored the Minnesota chapter in the DRI publication DRI Products Liability Defenses - a State-by-State Compendium. The new edition came out late 2007 and is a good resource if you have out of state, or even Minnesota products issues.

Matthew Frantzen, Matthew Sloneker and Eric Steinhoff presented at the MDLA 43^rd Annual Mid-winter Conference in Duluth, MN on Friday, February 8. They covered the topic Deposition: It is More Than Asking Questions.

Lind, Jensen, Sullivan & Peterson, P.A. announces Rising Stars of 2008

Lind, Jensen, Sullivan & Peterson, P.A. is proud to recognize the 4 attorneys named "2008 Rising Stars" by Minnesota Law & Politics.

Minnesota Law & Politics recognizes Rising Stars as a way to highlight emerging attorneys who are either under the age of 40 or who have been practicing law for ten or fewer years. Only 2.5 percent of the Minnesota attorneys are given this honor. The selection process involves a survey of all Minnesota Super Lawyers and independent research to identify outstanding up-and-coming attorneys who have demonstrated superior professional potential. Congratulations!

Lind, Jensen, Sullivan & Peterson, P.A. Rising Stars for 2008 include:

Amy K. Amundson Amy is an associate who focuses her practice on Construction Law, Products Liability and Insurance Law. Amy is passionate and energetic about being a lawyer, and because of that, she dedicates herself to understanding and knowing the law and applying the law to the facts of each specific case. Amy is the co-chair of the New Lawyers Committee for the Minnesota Defense Lawyers Association, and she is active in DRI and other local legal organizations, including the Minnesota State Bar Association, the South Dakota Bar Association and the Hennepin County Bar Association.

Patrick J. Larkin Patrick focuses his practice in insurance coverage disputes, insurance defense litigation, commercial litigation, and general practice litigation. Mr. Larkin also has a background in criminal and family law. He has been associated with Lind, Jensen, Sullivan & Peterson, P.A. since 2002. Patrick has been recognized by Minnesota Law & Politics as "Rising Star" for the years 2007, 2006, and 2004.

Patrick W. Ostergren Patrick 's practice areas include insurance defense, medical malpractice, civil litigation, personal injury and workers' compensation. After receiving his J.D., he served as judicial law clerk to two Ramsey County District Court Judges. Patrick is also an active volunteer in the community and enjoys speaking to students at area high schools about careers in the field of law.

Jason R. Prochnow Jason specializes in insurance defense, construction litigation, toxic tort and asbestos defense, and employment law. He advises clients by developing an understandable theory of the case supported by facts - not by disputing the obvious. Jason values mediation, but continues to take appropriate and necessary cases to trial in Minnesota and Wisconsin. Jason has obtained defense verdicts on liability in cases ranging from complex products liability/wrongful death actions, motor vehicle accidents, and in Federal employment law matters.

About Lind, Jensen, Sullivan & Peterson, P.A.

Lind, Jensen, Sullivan & Peterson, P.A. is a professional association with a singular focus on the practice of civil trial law - within the context of contemporary business. Our practice emphasizes trials, appeals and all aspects of alternative dispute resolution procedures - including mediation, arbitration, summary jury trials and similar approaches to non-traditional claim resolution.

Our mission at Lind, Jensen, Sullivan & Peterson, P.A. is to provide clients state-of-the-art legal advice, deliver services efficiently and cost effectively, act as a seamless extension of our Clients' interests, and advocate those interests tenaciously and zealously. To meet this test we have assembled an exceptional professional staff. We require proactive continuing legal education performance. We provide desktop access to every American law, rule, and regulation, and we demand excellence and client devotion in every matter we undertake.

Mark Fredrickson Appointed to MDLA Board  

Mark Fredrickson was appointed a Minnesota Defense Lawyers Association (MDLA) board member at their annual August meeting. He will serve a 2-year term and is eligible to be on the board for two terms. Mark has been a member of MDLA for 17 years. Congratulations Mark!

The MDLA is an association dedicated to serving the needs of lawyers engaging primarily in the defense and trial of civil disputes. MDLA is affiliated with the Minnesota State Bar Association and DRI -- The Voice of the Defense Bar.

To learn more about MDLA go to www.mdla.org

Bill Davidson Receives Award From Metropolitan Minneapolis YMCA

Bill Davidson received a "Distinguished Volunteer" award from the Metropolitan Minneaplis YMCA, on October 10th. This award was given to recognize Bill from his peers for his outstanding work with the Minnesota YMCA Youth in Government program. He has served on the board of directors since 1999 with his term officially ending in January of 2008. Congratulations Bill on this recognition.

The Minnesota YMCA Youth in Government (YIG) has over 1,800 student participants. The group gives an opportunity for youth to experience governement in public forums along with learning opportunities to develop an awareness and understanding of public issues around them. Made up mostly of Junior and Senior High school students, the model assembly program takes over the capital for four days complete with a house, senate, mock trials, newspaper, TV and radio programs. YIG also has a model United Nations program that has over 400 students who participate each spring in a conference. You can learn more about these and other programs at www.mnyig.org.

Find Us in the Fifth Street Forum (Requires Adobe Acrobat Reader)

Eight Attorneys at Lind, Jensen, Sullivan & Peterson, P.A. Named 2007 "Super Lawyers" and Two Named "Top 100 Super Lawyers"

We are pleased to announce that eight of Minnesota's 2007 Super Lawyers, and two of the top 100 Super Lawyers are within our firm. Thomas Jensen, Brian Wood, Jack Moore, Mark Fredrickson, Bill Davidson, Ted Sullivan, Rick Lind and Paul Peterson have all been awarded with the Super Lawyer honor. Both Paul Peterson and Rick lind have received the title of Top 100 Super Lawyer for 2007. This is the second year that Mr. Peterson has received this award and Mr. Lind has been a top 100 since 1998.

Minnesota Law & Politics, MPLS/St. Paul Magazine and Twin Cities Business Monthly published the 2007 list of Super Lawyers in the August issue of all 3 magazines. Only the top 5 percent of Minnesota's licensed attorneys made the list of 2007 Super Lawyers. Super Lawyers are named by their peers and through an independent research survey. For 2007, more than 800,000 lawyers nationwide participated in the survey. The lawyers are asked to nominate the best attorneys they've personally observed in action.

Sarah E. Morris Published in Bench & Bar of Minnesota

Attorney Sarah Morris published "Inadvertent Disclosure of Priveleged Information" in the Minnesota State Bar Association's Bench & Bar of Minnesota's  August 2007 issue. Her article explores the judicial treatment of the accidental production of privileged data - a relatively unaddressed area in Minnesota.

Amy K. Amundson Named "Up & Coming Attorney"