Michael L. Weiner

Attorney Profile

Top Rated Personal Injury Attorney in Minneapolis, MN

Yaeger & Weiner, PLC
 | 2701 University Ave SE, Suite 202
Minneapolis, MN 55414
Phone: 612-345-9797
Fax: 612-235-4401
Selected to Super Lawyers: 2003 - 2010, 2016 - 2019
Licensed Since: 1981
Practice Areas:
  • Personal Injury - General: Plaintiff (70%),
  • Transportation/Maritime (10%),
  • Personal Injury - Products: Plaintiff (10%),
  • Appellate (10%)
Attorney Profile

Attorney Michael L. Weiner is a partner at Minneapolis' Yaeger & Weiner Law, where he focuses his practice on litigation. Since co-founding the law firm in 2013, Mr. Weiner has continued to build on his already excellent reputation as one of Minnesota's most skilled trial attorneys. Thanks to his many successes, including many multimillion-dollar settlements and jury verdicts, clients from throughout the state turn to him for help with complex legal challenges, such as those related to the following:

• Personal injury
• Products liability
• Railroad accidents
• Federal Employers' Liabililty Act (FELA)
• Wrongful death
• Insurance bad faith
• Appellate matters

Mr. Weiner began his legal career in 1981 after earning his law degree from William Mitchell College of Law.  He has represented clients in state and federal courts throughout the country.

After 35 years as a trial lawyer, Mr. Weiner has earned the respect of both his clients and his peers. The Best Lawyers in America has included him among the nation's top railroad law attorneys since 2006, and he has taught products liability at his alma mater as an adjunct professor. In addition, he is a published author and a frequent Continuing Legal Education lecturer.

When Mr. Weiner is not in court, he is often found at a legal event. He is a member of a number of organizations, including the Minnesota Association for Justice, where he is an emeritus member of the board of governors and on the Amicus and Publication committees.

 
Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - General (70%): Animal Bites, Assault, Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Dram Shop Laws, Construction Accident, Brain Injury, Sexual Abuse - Plaintiff, Trucking Accidents, Premises Liability - Plaintiff

Transportation/Maritime (10%): Railroad Accident, Transportation Law

Personal Injury - Products (10%): Motor Vehicle Defects, Medical Devices, Products Liability

Appellate (10%): Appeals

Focus Areas

Animal Bites, Assault, Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Dram Shop Laws, Construction Accident, Brain Injury, Sexual Abuse - Plaintiff, Trucking Accidents, Premises Liability - Plaintiff, Railroad Accident, Transportation Law, Motor Vehicle Defects, Medical Devices, Products Liability, Appeals

Selections

Selected to Super Lawyers for 12 yearsbottom-image

Super Lawyers: 2003 - 2010, 2016 - 2019

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About Michael Weiner

Admitted: 1981, Minnesota

Professional Webpage: http://www.yw-law.com/attorney-michael-weiner/

Honors/Awards:

  • Superlawyer
  • Order of the Barristers, 1981
  • Best Lawyers in America, 2006-Present

Bar/Professional Activity:

  • U.S. Court of Appeals 8th Circuit
  • Member, Minnesota Association for Justice, Amicus Committee
  • Member, American Association for Justice, 1981 – Present
  • U.S. Supreme Court, 1984
  • Minnesota Association for Justice, Publications Committee
  • U.S. District Court District of Minnesota, 1981
  • Board of Governors, Minnesota Association for Justice, Emeritus
  • Minnesota, 1981

Scholarly Lectures/Writings:

  • Medicare Set-Asides: Uncertainty and Confusion, Minnesota Trial Lawyers Magazine, Winter 2007.
  • Meeting the Statutory Tort Threshold, Minnesota Trial Lawyers Magazine, Summer, 1994
  • Judges Speak Out, Minnesota Trial Lawyers Magazine, Spring, 1995
  • Punitive Damages in Minnesota, Minnesota Trial Lawyers Magazine, Fall, 1995
  • Adjunct Professor, William Mitchell College of Law, St. Paul, Minnesota (Product Liability)
  • Frequent Lecturer, Continuing Legal Education Programs
  • Legal Computer Operator Malpractice: A New Tort, Hennepin County Lawyer, Nov./Dec., 1986
  • Weiner and Steenson, Products Liability, MTLA Cause of Action Manual, 3rd ed.
  • No-Fault Tort Thresholds, The Plaintiff's Perspective, 24 Wm. Mitchell L. Rev. 985, 1998
  • Right to Punitive Damages in Minnesota in the Absence of a Personal Injury, 27 Wm. Mitchell L. Rev 1043, 2000

Verdicts/Settlements:

  • Garcia v. Burlington Northern R. Co., 818 F.2d 713 (C.A.10 (Colo.) 1987)
  • Short v. Dairyland Ins. Co., 334 N.W.2d 384 (Minn. 1983)
  • Melin v. Burlington Northern R. Co., 401 N.W.2d 418 (Minn. Ct. App 1987)
  • Kissoondath v. U.S. Fire Ins. Co., 620 N.W.2d 909 (Minn. Ct, App. 2001)
  • Pikop v. Burlington Northern R. Co., 390 N.W.2d 743 (Minn. 1986)
  • Forster v. R.J. Reynolds Tobacco Co., 437 N.W.2d 655 (Minn. 1989)
  • Foss v. State Farm Mut. Auto. Ins. Co. (as Amicus Curiae), 1996 Minn. App. LEXIS 1286 (Minn. Ct. App. 1996)
  • We recently won, after a long battle and a "Henning Hearing," a  subrogation fight with the  workers’ compensation insurer that is paying benefits to our deceased client's family.Henning Hearings (named for the 1981 Minnesota Supreme Court case) are used to reduce a workers’ comp subrogation claim when there is inadequate liability insurance.   In a Henning Hearing, the trial court allocates the third party recovery between amounts “recoverable” and “non-recoverable” under workers’ comp, and the statutory subrogation formula is applied only to the “recoverable” amounts. There are only a handful of reported cases interpreting Henning and thus little guidance on how trial courts are to make this allocation.  The preferred method for plaintiffs faced with inadequate insurance is a pro-rata allocation which takes into account the inadequacy of the recovery and thus reduces the amount of the third party recovery subject to the statutory formula.  However, the Minnesota appellate courts have never mandated this approach.  Our clients are the husband and children of a woman who died (while on the job) in a multi-vehicle crash on I-94, caused by a truck driver with vastly inadequate insurance. She was a very high earner, and while the family is receiving maximum comp benefits, the comp payments are dwarfed by the value of the liability claim. Hennepin County Judge Janisch agreed generally with our pro-rata method and SFM's subro claim was reduced dramatically.  SFM agreed that Henning reduced its subrogation claim, but it still sought a subro amount of $69,186 for past benefits.  Instead, it was awarded only $5,601.  SFM claimed a future subro of $223,036 but was awarded only $76,772.  Because there are very few Henning rulings to date, Judge Janisch's ruling applying a pro-rata formula  is of great benefit to those looking for authority for this approach. The case is In the Matter of the Appointment of a Trustee for the Heirs and Next of Kin of Holly E. Hoglund Klein.  , 2017
  • Stevens v. Baltimore & Ohio R. Co., 915 F.2d 1565 (Table, Text in WESTLAW), Unpublished (4th Cir 1990)
  • Kulavic v. Chicago & Illinois Midland Ry. Co., 1 F.3d 507 (C.A.7 (Ill.) 1993)
  • Myers v. John Deere Ltd., 683 F.2d 270 (C.A.8 (N.D.) 1982)
  • A Hennepin County jury awarded our 38 year old client, who suffered numerous serious orthopedic injuries, $1.7 million dollars.  The coverage was only $1.1 million dollars but the insurance company paid the entire verdict (less our client's $100,000 UIM coverage). Liability was injured in a high speed crash where the defendant failed to yield when turning left on a rural highway.  Our client had a badly fractured ankle (ORIF surgery), a broken arm (eventual non-union and surgery), a tearing of her previously repaired ACL, and the later diagnosis of a lisfranc (midfoot) injury. In addition to $530,000 in wage loss/earning capacity, the jury awarded $300K in past pain and another $300K for future.  They awarded the husband $150K in loss of consortium., 2017

Educational Background:

  • University of Minnesota, Minneapolis, MN, B.Elec.St., Bachelor of Elected Studies, 1977

Industry Groups

  • Personal Injury
  • Products Liability
  • Railroad And FELA
  • Wrongful Death
Office Location for Michael L. Weiner

2701 University Ave SE
Suite 202
Minneapolis, MN 55414

Phone: 612-345-9797

Fax: 612-235-4401

Michael L. Weiner:

Last Updated: 1/17/2019

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