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Tamara L. Novotny
Bar Admission:
- Minnesota, 1999
- North Dakota, 2000
- U.S. District Court of Minnesota, 2003
- Wisconsin, 2005
- Court of Appeals, Eighth Circuit, 2006
Practice Areas:
- Civil Litigation
- Motion/Appellate Practice
- Commercial Trucking
- Employment
- Professional Liability/Malpractice
- No-Fault
- Insurance Coverage
- Premises Liability
- Personal Injury
- Product Liability
Education:
- B.A., Political Science, University of North Dakota, summa cum laude, 1996
- J.D., University of North Dakota School of Law, 1999
Recognition:
- Minnesota Law & Politics "Rising Stars," 2004-2008
Publications:
- Author: "Unfair Settlement Practices Acts: The Prohibited and Required Conduct, Enforcement & Penalties," (Fall 2003)
- Author: "Negligent Infliction of Emotional Distress: When Can a Bystander Recover?" (Fall 2004)
- Author: "When Does a Conflict of Interest Entitle an Insured to Independent Counsel?" (Fall 2005)
- Co-Author: "Advice for Goldilocks When Hiring Good Help: Don't Ask Too Much; Don't Ask Too Little," Minnesota Defense (Spring 2007)
- Co-Author & Presenter: Commercial Trucking Insurance, Minnesota CLE, 2007
Illustrative cases include:
- Tamara began her legal career in the Fargo-Moorhead area where she practiced insurance defense. Since joining Cousineau McGuire in April 2002, Tamara has continued to defend clients in State and Federal Courts in Minnesota, North Dakota and Wisconsin, including:
Assisted in successful trial and appeal of case involving dispute as to whether a motor carrier's business-use or non-trucking use insurer was required to provide coverage for wrongful death and no-fault damages. Great West Cas. Co. v. Carolina Cas. Ins. Co., 2006, WL1704125 (Minn. App.).
Assisted in successful appeal of coverage dispute which found that claimant's injuries arose from his efforts to push a vehicle off an auto-transport trailer, not the trailer, and therefore that vehicle's insurer was responsible for the payment of no-fault benefits. Auto-Owners Inc. Co. v. Great West Cas., 695 N.W.2d 646 (Minn. App. 2005).
Successfully defended, through an appeal and petition to the Supreme Court of Minnesota, an attorney in a legal malpractice claim. Precision Diversified Industries v. Colgate, 2004, WL 2093532 (Minn. App.)
Argued case before the United States Court of Appeals for the Eighth Circuit wherein it was alleged that an employer had violated ERISA by failing to provide notification to a terminated employee of his right to continue health and dental insurance under COBRA. Gary Starr v. Metro System, Inc., (05-4178/06-1087).
Additional Information:
- Successfully handled dismissal of claim or settlement in a number of employment cases filed with the Minnesota Department of Human Rights, EEOC or Federal Court asserting sex/gender, age, or face/national origin discrimination.
Handled to conclusion AAA and Arbitration Forums no-fault and intercompany arbitration claims.
Assisted in the defense of several cases involving wrongful death, bodily injury, UIM and no-fault damages.
Member:
- Minnesota State Bar Association
- State Bar Association of North Dakota
- Wisconsin State Bar Association
- Minnesota Defense Lawyers Association
direct dial number: (952) 525-6939
e-mail: tln@cousineaulaw.com
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