Iverson Reuvers Condon is pleased to announce Nathan C. Midolo has joined the law firm as an attorney. Mr. Midolo is a 2011 graduate of William Mitchell College of Law and a 2008 graduate of the University of Kansas. Mr. Midolo previously worked as an Assistant County Attorney in Kandiyohi County where he gained significant jury trial experience. He will be working in the areas of land use, civil rights and insurance defense litigation.
On February 5, 2014, after a 3-day trial, a United States District Court jury determined a City of Chaska officer did not use unreasonable force to stop Debbie Griefenhagen from trespassing after she was directed to leave her son’s property. The jury also rejected Griefenhagen’s assault and battery claims. Stephanie A. Angolkar represented the City of Chaska and its officer.
In the January 2014 issue of Mpls. St. Paul Magazine, “Mpls. St. Paul Magazine, Twin Cities Business and Five Star Professional partnered to find accounting and estate planning professionals who satisfy 10 objective eligibility and evaluation criteria.” This list represents 9 percent of the estate planning attorneys in the Twin Cities area. Congratulations to Paul Reuvers for being selected as a Five Star Estate Planning Professional!
IVERSON REUVERS CONDON is pleased to announce Mark J. Condon, Jon K. Iverson, and Paul D. Reuvers were again selected to the 2013 Minnesota Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
IVERSON REUVERS CONDON is also pleased to announce Jason J. Kuboushek and Susan M. Tindal have been selected to the 2013 Minnesota Rising Stars list. Rising Stars are recognized as up-and-coming lawyers who are under 40 years old, or are over 40 but practicing law for ten or fewer years. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
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.