Michael D. Barrett Bar Admission: Minnesota, 1987 U.S. District Court, District of Minnesota, 1987 Wisconsin, 2000 Practice Area: No-Fault Personal Injury Defense Property Damage Defense Subrogation Appeals Insurance Coverage Education: University of Minnesota, B.S., cum laude, 1977 MPH Epidemiology, Pending, 1980 William Mitchell College of Law, J.D., cum laude, 1987 Gamma Sigma Delta Honor Society Recognition: AV rated by Martindale-Hubbell Publications: Author: "Workers' Compensation Subrogation-Negotiating Within the Mine Field," "Workers' Compensation-The Newly Amended Statute" and "Defending No-fault (PIP) Claims" each published in Cousineau McGuire's Forum Series Co-Author: Minnesota Claims Guide for Motor Carriers (1996) and "When is Pre-Verdict Interest Payable" (2002) Other Professional Activities: Lecturer at many insurers seminars including by example: Great West Seminars: July 21, 2005, July 12, 2000, May 12, 1997 and May 14, 1996 Hamline University Law School, advanced torts classes 1997-1999, Workers' Compensation Subrogation, April 19, 2005 Member: Hennepin County Bar Association Minnesota State Bar Association Minnesota Defense Lawyers Association Neutral Arbitrator - American Arbitration Association Trucking Industry Defense Association Additional Information: During his tenure at Cousineau McGuire, Mike has handled numerous "cutting edge" cases that helped create and define the law in Minnesota. These include workers' compensation subrogation and Lambertson contribution cases, no-fault arbitration claims, no-fault commercial vehicle indemnity claims and construction cases (for the contractor and the subcontractor) which ultimately were decided in the State's appellate courts. Illustrative cases include: Mike has been involved with the defense of numerous contractors and subcontractors accused of construction practices causing water intrusion and mold in homes and commercial buildings. One such case, Weston v. McWilliams & Associates, Inc., 716 N.W.2d 634 (Minn. 2006), reached the Supreme Court and defined the application of Minnesota's statute of repose against subcontractors - a case of first impression in Minnesota. Successfully defended a roofing subcontractor against a Lambertson contribution claim by invoking and reaffirming on appeal to the Supreme Court the right to contractual indemnity in certain construction cases. Holmes v. Watson Fosberg Co., 488 N.W.2d 473 (Minn. 1992). Established the right of the employer to proceed with its subrogated claim notwithstanding the employee's attempt to settle all claims in a third-party action arising after a work injury. Jackson v. Zurich American Inc. Co., 542 N.W.2d 621 (Minn. 1996). Successfully defended a third-party tortfeasor in the employer's workers' compensation subrogation action and upon appeal established the nature and extent of proof required of the employer. M.W. Ettinger Transfer & Leasing Co. v. Schaper Mfg., Inc., 494 N.W.2d 29 (Minn. 1992). After the Minnesota Legislature added additional language to Minnesota Statutes Chapter 176 in 2000, successfully re-affirmed that the nature and extent of proof required of the employer (established in M.W. Ettinger Transfer & Leasing Co. v. Schaper Mfg., Inc.) still applied. Zurich American Ins. Co. v. Bjellund, 701 N.W.2d 64 (Minn. 2006) In a case of first impression, established the application of comparative fault principles in commercial vehicle indemnity arbitration proceedings. State Farm Mut. Auto Ins. Co. v. Great West Casualty Company, 590 N.W.2d 675 (Minn. App. 1999). In another no-fault case, reaffirmed that the No-Fault Act only provides benefits for income loss (vs. loss of time from work). Rotation Engineering & Mfg. Co. v. Secura Ins. Co., 497 N.W.2d 292 (Minn. App. 1993). Successfully defended a product liability case for a major propane coupling manufacturer involving allegations of defective design and manufacture that resulted in an explosion, fire and death. direct dial number: (952) 525-6920 e-mail: mdb@cousineaulaw.com BACK TO ATTORNEY LIST