Showing articles for Melissa H Bayne
Showing Results 1 - 6 of 6

  • Liability Waivers in Minnesota Governed By New Law Effective August 1, 2013

    07/23/2013 / Melissa L. Hagstrum

    Liability waivers for consumer services – including recreational activities – that waive liability for damage, injuries or death which result from “ordinary negligence" remain enforceable in Minnesota following the 2012 - 2013 legislative session. Though the Minnesota Legislature at one point considered proposals to make nearly all liability waivers unenforceable, the bill ultimately passed by the legislature and signed into law by Governor Dayton is consistent with long-standing common law in Minnesota.

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  • Minnesota Court of Appeals Decides Wrongful Death Statute of Limitations and Federal Preemption Issues In Medical Device Product Defect Case

    02/28/2013 / Melissa L. Hagstrum

    Product manufacturers and plaintiffs’ attorneys watched closely as the Minnesota Court of Appeals issued its decision in the medical device product defect case Lamere vs. St. Jude Medical, Inc. (A12-0609) on February 19, 2013. 

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  • Minnesota Court of Appeals allows uncollectible damages award to be reallocated to severally liable co-defendants

    12/28/2012 / Melissa L. Hagstrum

    The Minnesota Court of Appeals’ decision in O’Brien v. Dombeck, Case No. A12-0984, published December 3, 2012, marks the first time in the nearly ten years since the Minnesota legislature modified Minnesota’s joint and several liability statute that Minnesota courts have spoken on the ambiguous relationship between the statute’s joint and several liability requirements and the provision allowing reallocation of uncollectible amounts. Under this decision, uncollectible amounts may be reallocated to other parties without regard to whether they are jointly liable.

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  • NFL Players’ Concussion Injury Litigation-Emerging Trends in Multidistrict Litigation

    05/30/2012 / Melissa L Hagstrum

    In July 2011, seventy-five former NFL players and fifty-one spouses filed a lawsuit against the NFL, NFL Properties, and Riddell and Easton-Bell related companies that design, manufacture, distribute, and sell football equipment, including helmets. This first lawsuit was filed in California state court. Over the next ten months, eighty similar lawsuits were filed across the country by other former NFL players and their spouses. To date, the lawsuits involve more than 2,200 former NFL players and many of their spouses.
    Product designers and manufacturers are watching the former NFL players’ concussion injury litigation closely for emerging trends in multidistrict litigation. Product liability litigation is one of the two most prevalent types of litigation where separate lawsuits pending in different federal district courts may be consolidated

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  • Governor Vetoes Tort-Reform Bills Passed by Legislature

    02/28/2012 / Melissa Hagstrum Bayne

    Four tort reform bills recently were passed by the Minnesota House of Representatives and the Minnesota Senate. Despite vetos by Gov. Dayton, the substance of these bills are likely to reappear in legislation either later in this session or in future legislative sessions.

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  • Multiple defendants involved in a Minnesota lawsuit?

    06/14/2011 / Melissa L. Hagstrum

    Though it has been nearly eight years since Minnesota’s joint and several liability statute was modified, Minnesota courts have yet to consider some of the ambiguous language used to describe the exceptions to the general rule.

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Showing Results 1 - 6 of 6