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Attorney Matt Barber to Serve on the Minnesota State Bar Association Appellate Practice Council

Schwebel, Goetz & Sieben attorney Matt Barber has been elected to the Minnesota State Bar Association Appellate Practice Council for the 2023-2026 term.  The Appellate Practice Section helps educate appellate practitioners, offering opportunities for those practitioners to connect with the bench, and providing pro bono training and opportunities in the appellate arena.  Matt will be…


How Does a Law Firm Help You During a Legal Battle?

 If you have been injured in an accident, you already understand the stress that comes with the experience. In addition to the physical pain, you also face the anxiety associated with medical care and the ongoing efforts to receive just compensation for your injuries. Ideally, things will go as smoothly as possible following an accident,…


Railroad tort claims are ruled to be preempted

State tort claims against a city and the state based on negligent installation and maintenance of railroad warnings were preempted by federal statutes and regulations, the Court of Appeals has ruled. A train operated by the Burlington Northern and Santa Fe Railway Company (BNSF) struck a car at the Legion Field Road railroad crossing in…


Scheibel: No-Fault Apportionment Revisited

On July 27th, 2000 in Scheibel v. Illinois Farmers Insurance Company, 615 N.W.2d 34 (Minn. 2000) the Minnesota Supreme Court determined: "what no-fault insurance coverage will be available to [an insured] to achieve full reparation for his loss when that insured has been involved in two automobile accidents, both of which contribute to injuries causing…


Supreme Court considers changes to length of briefs

Recently proposed amendments to court procedural and practice rules were designed to provide greater clarity and predictability, according to those involved with the drafting. Some of the changes that the rules advisory committees recommended include:   implementing an alternative measure of appellate brief length based on word count;   adopting specific guidelines for the submission…


Public policy no bar to underinsured coverage

The public policy against coverage conversion alone was insufficient to prevent distribution of underinsured motorist (UIM) benefits to an insured when the insurance contract plainly provided UIM coverage and did not contain a provision excluding such coverage, ruled the Court of Appeals. A minor child who was seriously injured while riding in a van borrowed…


The Scope of Minnesota’s New Subrogation Law is Broader Than You Think

On May 24, 1995 Governor Carlson signed into law House File No. 96, to appear at Minnesota Statutes Sections 62A.095 and 62A.096. The bill codifies Minnesota s subrogation law with regard to health insurers and other health plans. It represents a statutory return to the rule of Westendorf v. Stasson:1 Subrogation will not be allowed…