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Michael L. Weiner

Attorney Profile

Top Rated Personal Injury Attorney in Roseville, MN

Yaeger & Weiner Law
2355 MN-36, Suite 400
Roseville, MN 55113
Phone: 612-345-9797
Fax: 612-235-4401
Selected to Super Lawyers: 2000 - 2010, 2016 - 2022
Licensed in Minnesota Since: 1981
Practice Areas: Personal Injury - General: Plaintiff, Personal Injury - Products: Plaintiff
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Attorney Profile

As a partner at Yaeger & Weiner Law, Michael L. Weiner brings extensive experience to the table. With the help of his team, he has helped create a firm built on the core values of personal service, individual care and a small-firm atmosphere. He primarily serves clients in Minneapolis and St. Paul, Minnesota. The cases he litigates on their behalf include motor vehicle accidents, FELA and railroad injuries, personal injury mediation and arbitration for products liability cases.

In 1977, Mr. Weiner completed a Bachelor of Elected Studies at the University of Minnesota. Four years later, he graduated cum laude with a Juris Doctor from William Mitchell College of Law. Since graduating, he has returned to academia on several occasions to serve as a lecturer and an adjunct professor.

Mr. Weiner has been admitted to the Minnesota Bar since 1981. He is also admitted to practice law in the U.S. Supreme Court, the U.S. District Court of Minnesota and the U.S. Court of Appeals for the 3rd to 11th Circuit. From 2006 to the present day, he has been named one of the Best Lawyers in America, in the Railroad Law Section. He also belongs to the prestigious The Order of Barristers.

As a prolific writer, Mr. Weiner has also published several pieces on personal injury law, products liability and brain injuries. He is also a member of several professional associations, including the Minnesota Association for Justice, Publications Committee.

Practice Areas
  • 80%Personal Injury - General: Plaintiff
  • 20%Personal Injury - Products: Plaintiff
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, Motor Vehicle Defects, Medical Devices

Selections

18 Years Super Lawyers
  • Super Lawyers: 2000 - 2010, 2016 - 2022

About Michael L. Weiner

First Admitted: 1981, Minnesota

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

Honors/Awards

  • Martindale AV® Preeminent™ 5.0 out of 5
  • Superlawyer
  • Order of the Barristers, 1981
  • Best Lawyers in America, 2006-Present

Verdicts/Settlements

  • Lindsey v. Louisville & Nashville Railroad Co. (as Amicus Curiae), 775 F.2d 1322, 1985, 5th Cir., 1985154694
  • Granville v. Minneapolis Public Schools, 732 N.W. 2d 201 (Minn. 2007)
  • Lundman v. McKown (as Amicus Curiae), 530 N.W.2d 807, cert. denied, 516 U.S. 1092 (1996), 1995, Minn. Ct. App., 1995080032
  • 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

Scholarly Lectures/Writings

  • Constitutional Limitations on Punitive Damages, MAJ Magazine, 2009
  • TMJ Injuries, MTLA Magazine, 1997
  • Unknown and Underutilized Statutes, MTLA Magazine, 1999
  • Minnesota's New Products Liability Jury Instructions, MTLA Magazine, 2000
  • Basic Concepts in Scientific Evidence on Night Vision, MTLA Magazine, 2001
  • A Pre-emptive Strike against Federal Pre-emption, MTLA Magazine, 2006
  • Tax Traps in Settlement Agreements, MTLA Magazine, 2006
  • 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

Educational Background

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

Bar/Professional Activity

  • U.S. Court of Appeals 3rd Circuit
  • Minnesota Association for Justice, Member of Board of Governors
  • U.S. Court of Appeals 11th Circuit
  • U.S. Court of Appeals 10th Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 7th Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 4th Circuit
  • 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

Industry Groups

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

2355 MN-36
Suite 400
Roseville, MN 55113

Phone: 612-345-9797

Fax: 612-235-4401

Last Updated: 5/15/2022

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