In a published opinion, the Eighth Circuit Court of Appeals affirmed the early dismissal of Brian Ulrich’s claims against Pope County and its deputies for his 2011 arrest for violating a harassment restraining order. The restraining order prohibited direct or indirect contact with the petitioner and her children. Ulrich attended the graduation ceremony of one of the petitioner’s children, knowing the restraining order was in effect. Pope County Sheriff’s Deputies responded to a call reporting Ulrich’s presence in violation of the restraining order. Ulrich refused to leave and the deputies arrested him for violating the restraining order. Ulrich sued Pope County and its deputies, alleging his arrest was without probable cause. The Eighth Circuit affirmed the United States District Court’s conclusion there was probable cause for Ulrich’s arrest based on a violation of the indirect contact provision. Both courts looked to Minnesota appellate cases reasoning proximity to a protected person may be a violation of the indirect contact provision of a restraining order. The Eighth Circuit affirmed the dismissal of all Ulrich’s claims. Pope County was represented by Jon K. Iverson and Stephanie A. Angolkar.
In a decision issued on February 12, 2013, a North Dakota district court upheld a liability waiver in a case involving a pool accident. On June 13, 2008, Trinity Dickerson went swimming at a community center while on a field trip with an after school program funded jointly by the Bismarck Public School District and area YMCA. Prior to enrolling in the program, Ms. Dickerson’s mother signed a release stating she understood the program did not carry medical insurance and she would be responsible for any medical expenses incurred by her daughter.
While on the field trip, Ms. Dickerson was found unresponsive in the community center pool. She survived, but sustained serious brain injuries. She filed a lawsuit against Bismarck Public Schools, the community center and the area YMCA. Mark J. Condon successfully argued the language in the release signed by Ms. Dickerson’s mother was “clear and unambiguous.” As a result, the court held Ms. Dickerson exonerated the YMCA from liability for any injury while her daughter was participating in the program and granted the YMCA’s Motion to Dismiss.
Plaintiffs’ Complaint contained thirteen counts against the City of Princeton. On April 23, 2012, the Court granted the City’s Motion for Summary Judgment with respect to twelve out of thirteen of Plaintiffs’ claims. In December 2012, a trial was held regarding Plaintiffs’ trespass claim for the City removing tree brush near their City monument in September 2009. After Plaintiffs rested their case, the City brought a Motion to Dismiss because Plaintiffs failed to present evidence to prove their trespass claim. The court granted the Motion and dismissed the case. Motions to Dismiss during trial are very rarely granted. The City of Princeton was represented by Susan M. Tindal.
Plaintiffs, a number of area landowners, filed a lawsuit against the City of Fifty Lakes in May 2005 because North Mitchell Lake Road, which was mistakenly built partially off of the platted right-of-way in 1971, encroached upon their registered Torrens property. The City prevailed twice before in Crow Wing County District Court, but the Minnesota Court of Appeals and the Minnesota Supreme Court remanded the matter for trial.
In August 2012, a trial on the merits was held and the City prevailed once again. The district court held the construction of the gravel road was a permanent trespass not a continuing trespass for which the six-year statute of limitations had long-since expired. The district court also held the doctrine of laches barred plaintiffs’ claims for ejectment against the City. The City of Fifty Lakes was represented by Paul D. Reuvers and Susan M. Tindal.
After heading the Litigation Department at Chadwick, Johnson & Condon and then Johnson & Condon for over 38 years, Mark Condon merged his practice with Iverson Reuvers, LLC in Bloomington on January 1, 2013, to create Iverson Reuvers.
Mark joins former partner Jon Iverson and Paul Reuvers (Mark’s former law clerk) in this civil litigation firm. “This is a tremendous fit. Jon and Paul have built a great organization with fine trial attorneys. This is the environment I want and will benefit me and my clients.”
Mark is certified as a Civil Trial Specialist by the National Board of Trial Advocacy, by the Minnesota State Bar Association and was elected as an Advocate by the American Board of Trial Advocates. He will continue to litigate civil cases in Minnesota and North Dakota and serve as a Mediator and Arbiter.
Iverson Reuvers is pleased to announce Susan Tindal has become a partner of the firm. Susan was Iverson Reuvers’ first hire as a law clerk when the firm opened in 2001. Susan became an attorney in 2003 and focuses on the defense of municipal liability claims, employment litigation, civil rights lawsuits, and general litigation. Susan assists clients throughout Minnesota, including cities, counties, townships, school districts, and businesses. As a litigator, Susan handles and tries cases before the Minnesota District Courts and United States District Court for the District of Minnesota, including several class action lawsuits. Susan handles appeals before the Eighth Circuit Court of Appeals and Minnesota Court of Appeals. Susan also advises municipalities, businesses, and individuals on a variety of matters including policy manuals, hiring, discipline, and termination. Additionally, Susan conducts training seminars on employment matters.
In 2011, Susan was selected as an Up and Coming Attorney by Minnesota Lawyer. Up and Coming Attorneys are nominated by members of the legal community for distinguishing themselves early in their career. Susan was recognized for her outstanding employment, civil rights, and land use litigation practice and her service to the community and the legal profession. She has also consistently been named a Rising Star by Minnesota Law & Politics magazine and serves as chair of the Minnesota Defense Lawyer Association Government Liability Committee. Susan prides herself on handling cases in a respectful and efficient manner.
Earlier this year, the Ramsey County Attorney’s Office distributed a Request for Proposal for outside counsel civil litigation services. The process was initiated to develop a Legal Services Panel of outside lawyers that could be retained to represent Ramsey County in situations where it would be in the County’s best interests to retain outside counsel. Iverson Reuvers is pleased to announce its proposal was accepted.
Each year Minnesota Law & Politics magazine surveys attorneys across the state asking them to vote on the best lawyers they have personally observed in action. A panel of the top vote recipients compile a list representing the top five percent of lawyers licensed to practice in Minnesota. Iverson Reuvers is pleased to announce Jon K. Iverson and Paul D. Reuvers were again selected as 2012 Super Lawyers.
The magazine’s Super Lawyers nominate individuals who are under 40 years old or are over 40, but have practiced law for ten or fewer years, as “Rising Stars.” Iverson Reuvers is pleased to announce Jason J. Kuboushek and Susan M. Tindal were selected as 2012 Rising Stars.