Business Litigation Report: February 2013

02/28/2013 / Business Litigation Practice Group

 

 
In the February Issue:

Minnesota Court of Appeals Decides Wrongful Death Statute of Limitations and Federal Preemption Issues In Medical Device Product Defect Case
By Melissa Hagstrum Bayne
 

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.  This case required the Court to decide three primary issues.  First, did the statute of limitations on the plaintiff’s wrongful death claim begin to run when the medical device was manufactured or implanted, which would make it possible for the wrongful death statute of limitations to expire before death and even before a product defect is discovered? Second, the case required the Court to decide an issue on which the federal circuit courts are split: does federal law preempt a plaintiff’s state-law claim that alleges generally that federal Good Management Practices may have been violated?  Third, does state common-law strict liability impose general requirements that differ from federal device-specific requirements such that the plaintiff’s state common-law strict liability claims are barred by federal preemption? To read more, click here.
 

 

 

Minnesota House Considering Bill to End Non-Competition Clauses in Minnesota

By Jay Reding
 

A bill has been introduced in the Minnesota House of Representatives that would create an outright ban on the use of non-competition agreements for employers and business owners, subject to only a narrow range of defenses.  This bill, if passed, would have major repercussions for Minnesota businesses and those businesses that have employees or contractors in Minnesota.
 

Business Litigation Department Attorneys:

Email 
952-896-3280
 


Kenneth

Corey-Edstrom

Email
952-896-3380

 

Richard J. "Jay" Reding

952-896-6704

 
 

John A. Kvinge
Email
952-896-1554

Email 
952-896-3340


Cynthia M. Klaus

Email
952-896-3392

 

 

L. Kathleen Harrell-Latham

Email
952-896-1544

 
Andrew D. Moran
Email
952-896-1541

Email 
952-896-3275 
 

 

Email
952-896-1572

 

 

Michael C. Jackman

Email
952-896-3374 
 

 

Susan E. Tegt
Email
952-896-3325

Email
952-896-3312

 

Email
952-896-3318

 

 

952-896-3353

Email 
952-896-3288

 

Lauris A. Heyerdahl
Email
952-896-1529 

 

Glenna L. Gilbert
Email
952-896-3283

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.