Business Law Update, November 2009

11/04/2009 / Business Litigation Practice and Benefits Law Practice



Minnesota Supreme Court Clarifies Statute of Limitations for Negligence Claims
By Cynthia M. Klaus and Julia H. Halbach

On September 3, 2009, in the case of Fleeger v. Wyeth, et al., 771 N.W.2d 524 (Minn. 2009), the Minnesota Supreme Court issued a decision that will potentially allow more products liability and negligence cases to go forward under Minnesota’s statute of limitations.  Continue 

Court Rules Physical Agility Test Was An Illegal Medical Exam Under ADA
By Christopher J. Harristhal and L. Kathleen Harrell-Latham

On September 28, 2009, the Ninth Circuit Court of Appeals concluded that what the employer thought was a lawful return to work agility test was actually a medical exam and needed to prove that the test was consistent with business necessity to avoid liability under the ADA in Indergard v. Georgia Pacific CorporationContinue

 Eighth Circuit Holds That Store Manager’s Allegations Do Not Rise to the Level of Sexual Harassment
By Chris M. Heffelbower 

The Eighth Circuit Court of Appeals in Anderson v. Family Dollar Stores, 579 F.3d 858 (8th Cir. 2009) held that “ungentlemanly” and “inappropriate” conduct does not rise to the level of sexual harassment.  Continue 

Revisions to the “Equal Employment Opportunity is the Law” Poster
Chris M. Heffelbower

The Equal Employment Opportunity Commission (“EEOC”) has revised its “Equal Employment Opportunity is the Law” poster to reflect recent changes in the law. Continue

End of the Year Retirement Plan Issues
By Mary L. Komornicka

Every year there are some “housekeeping items” that need the attention of retirement plan sponsors and 2009 is no exception.  However, this year there are some additional items beyond the standard participant communication notices that need to be addressed.   Continue

Defined Benefit Funding
Mary L. Komornicka

The IRS has issued final regulations governing the funding requirements for single and multiple employer Defined Benefit plans that are effective for plan years beginning on or after January 1, 2010.  Continue

2010 Plan Limits 
Mary L. Komornicka 

The IRS has issued the 2010 limits for various employee benefits.  The retirement plan limits have not changed, although there are some changes for health plan benefit limits. Here are some of the key numbers.  Continue

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Our Business Litigation Department has extensive experience handling all types of complex business matters.

Contact our Business Litigation Attorneys:  

Jon S. Swierzewski

John A. Cotter
Email 952.896.3340

Dayle Nolan                     
Email 952.896.3275           

Christopher J. Harristhal  
Email 952.896.3312

Bruce J. Douglas  
Email 952.896.1569

Daniel J. Ballintine  
Email 952.896.3288

Kenneth Corey-Edstrom
Email 952.896.1719

Cynthia M. Klaus
Email 952.896.3392

Chris M. Heffelbower    
Email 952.896.1543

Sejal Desai Winkelman     
Email 952.896.3325

Carrie L. Zochert    
Email 952.896.3353

Julia H. Halbach    
Email 952.896.3264

L. Kathleen Harrell-Latham 
Email 952.896.1544

Ashlee M. Bekish
Email 952.896.6701

Michael C. Jackman
Of Counsel
Email 952.835.3800 

 Contact our Benefits Attorneys:

Todd I. Freeman
Email 952.896.3355

Michael J. Smith 
Email 952.896.3270 

Dayle Nolan
Email 952.896.3275

Bruce J. Douglas
Email 952.896.

Mary L. Komornicka
Email 952.896.3225

Chris M. Heffelbower
Email 952.896.1543          Attorneys             Firm News             Events

This alert is provided as a service to our clients and firm associates.  While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice.