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Stephen C. Fiebiger Law Office, Chartered | Burnsville, MN facebook logo-bwSM twitter logo-bw boxSM shadow-01 Justice scale

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By fiebigerste51715443, Mar 31 2018 03:47AM

Steve Fiebiger was among a select group of lawyers, judges, and law professors re-appointed to the Minnesota Supreme Court Advisory Committee on the Rules of Civil Appellate Procedure this week by an Order issued by the Chief Justice. The committee advises the Supreme Court on proposed amendments and rule changes for civil appeals. Fiebiger, who practices civil litigation, including trials and appeals, handles appeals before the Minnesota Court of Appeals and Supreme Court. He was re-appointed until the end of 2020.

By fiebigerste51715443, Mar 17 2018 04:12PM

On Tuesday, March 13, 2018, I was pleased to moderate a distingushed panel of four lawyers at the MN Chapter of the National Employment Lawyer's Association's continuing legal education lunch program on appellate practice in employment law cases held in Minneapolis. The program focused on strategies for effectively writing appellate briefs, presenting oral aruments, and participating as amicus curiae in employment law appeals. The body of employment law affecting employees and employers is often shaped by our appellate courts and presenting sound positions and arguments on appeal can often mean the difference in estabishing good law or bad law affecting the rights of workers in Minnesota.

By fiebigerste51715443, Jan 21 2018 05:29PM

The Minnesota Court of Appeals recently ruled that an injured skier or snow boarder has a claim for personal injury from a collision when the injuries occur from a skier or snow boarder’s conduct that is so reckless or inept as to be wholly incapacitated. The Court also ruled that a claim for personal injury is not barred when a skier or snow boarder enlarges the well-known, inherent risks of those activities under circumstances when a skier is crushed from above.

In Soderberg vs. Anderson, Case No. A17-0827, decided on January 16, 2018, the plaintiff sustained serious injuries when a snow boarder crashed into her from above after going off a jump. Neither the skier nor snow boarder saw each other before the impact. The Court ruled that, under the circumstances, the doctrine of primary assumption of risk may not bar the claims given the circumstances surrounding the collision. Primary assumption of the risk is a defense to negligence when parties voluntarily enter into a relationship in which the plaintiff assume “well-known, incidental risks.” Id. Primary assumption of the risk is typically applied in cases involving inherently dangerous sporting activities. Id. This applies when a person who voluntarily takes a risk (1) knows of the risk, (2) appreciates the risk, and (3) has a chance to avoid the risk. Id. This often includes activities such as skiing and snow boarding.

In light of the question of whether the snow boarder was so reckless or inept to be incapacitated, or had enlarged the well-know, inherent risks of skiing by the skier being crushed from above, the claim could proceed. The Court reversed the St. Louis County District Court which had dismissed the case by summary judgment.

By fiebigerste51715443, Nov 22 2017 10:10PM

Employees and former employees have the right to obtain a copy of their personnel records from their former employer. Under Minnesota Statute Section 181.961, a current or former employee can make a written request to the employer for the employee's personnel record. The employer may not charge a fee for the copy. Obtaining a copy of the personnel record is often helpful in reviewing a situation for a possible case and is also useful for unemployment claims and filing charges of discrimination or retaliation with the U.S. Equal Employment Opportunity Commission (EEOC) or Minnesota Department of Human Rights (MDHR).

By fiebigerste51715443, Nov 18 2017 04:48AM

I was pleased to serve on a panel of lawyers at the Minnesota Chapter of the National Employment Lawyers Association on Tuesday, November 14, 2017, on punitive damages. The semiar focused on when to seek punitive damages, procedures, obstacles, and grounds for seeking punitive damages. Punitive damages can be awareded in certain cases to punish the offender. In Minnesota. cases that do not have a statutory provision for punitive damages must bring a motion to amend the complaint for punitive damages before they can be sought. In some cases, a punitive damages claim is proper and a mechanism for punising offenders in violation of Minn. Stat. Sec. 549.20. for a deliberate disregard for the rights and safety of others.

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