Tag Archive for: jury trial

Kitzer Rochel, PLLP Defeats Summary Judgment in MHRA Disability Claims

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In Oliver v. MCTC, Kitzer Rochel attorney Brian Rochel, along with co-counsel Michelle Dye Neumann, successfully argued against the employer’s motion to dismiss Ms. Oliver’s Minnesota Human Rights Act claims. Ms. Oliver suffered a disabling injury at work and alleged that she was terminated because of her disability, and because she requested reasonable accommodation for her disability. The Minnesota District Court denied the motion, ruling that a jury could find in Ms. Oliver’s favor on her claims. The case will now proceed to a jury trial.

The court’s opinion is important because it held that Karst v. F.C. Hayer Co, 447 N.W.2d 180 (Minn. 1989), a case long used by employers to fend off liability for disability discrimination, did not apply to Ms. Oliver’s claims. In doing so, the court narrowed the application of Karst and called into question whether it is still good law.

Minnesota Supreme Court Issues Landmark Ruling Ensuring Jury Trials in Retaliation Claims

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Phillip Kitzer and co-counsel Michelle Dye Neumann received a favorable decision in a landmark decision from the Minnesota Supreme Court. In Darrel Schmitz v. United States Steel Corporation, Schmitz alleged he was terminated in retaliation for filing a workers’ compensation claim.  Schmitz requested a jury trial for his workers’ compensation retaliation claim under the Minnesota Constitution, but his request was denied.  Schmitz appealed the decision to the Minnesota Court of Appeals, arguing that he was entitled to a jury under the Minnesota Constitution.  The Court of Appeals ruled in Schmitz’s favor, and U.S. Steel appealed to the Minnesota Supreme Court.  The Minnesota Supreme Court affirmed the decision, holding that the Minnesota Constitution guaranteed the right to a jury trial for employees claiming that they were terminated for seeking workers’ compensation benefits.