Dyan J. Ebert

Dyan J. Ebert

Top Rated Family Law Attorney with 30 years of experience
Insurance, Employment, Appellate, Construction, Civil Litigation, Government, Premises Liability
1740 W. Saint Germain St., Suite 101, Saint Cloud, MN 56301

    About Dyan J. Ebert

    Practice Areas
    • Insurance
    • Employment
    • Appellate
    • Construction
    • Civil Litigation
    • Government
    • Premises Liability
    Education
    • William Mitchell College of Law, St Paul, Minnesota, 1993
      J.D.
      • Honors: magna cum laude
      • Law Review: William Mitchell Law Review, Executive Editor, 1992 - 1993
    • Augustana College, Sioux Falls, South Dakota, 1990
      B.A.
      • Honors: cum laude
      • Honors: Phi Alpha Theta
    Representative Cases
    • Mordini v. Rongstead, Stearns County, September 11-12, 1995, court trial (motor vehicle negligence; property damage)
    • Souhrada v. Tri County Electric, Fillmore County, 1995, court trial (negligence; property damage)
    • Hammerlund v. Itasca County Engineer, Itasca County, May 16-18, 1996, jury trial (governmental liability, negligence; property damage)
    • Kramer v. ISD # 742, Minnesota Federal District Court, jury trial, 1996 (second chair) (employment law)
    • Voigt v. Fingerhut Corporation, Stearns County, jury trial, 1996 (second chair) (negligence; personal injury)
    • Arneson v. Derby 4-Wheel Drive, Benton County, court trial, 1996 (negligence; property damage)
    • Kerssen v. Polk County, Polk County, jury trial, December 2-4, 1997 (negligence; personal injury; governmental immunity)
    • Sarff v. Morrison County, Morrison County, jury trial, August 26-28, 1998 (negligence; premises liability; governmental liability; personal injury)
    • Olson v. Goodhue County, Goodhue County, court trial, June 26, 2000 (planning and zoning)
    • Collins v. Hoefer and Larson, Swift County, jury trial, September 18- 20, 2000 (motor vehicle liability; personal injury)
    • Zamora v. Coborns, Kandiyohi County, jury trial, September 26 – 28, 2000 (premises liability; personal injury)
    • Loretta Hanson v. Progressive, Isanti County, Isanti County, 2002, summary jury trial (motor vehicle negligence; personal injury)
    • Robideau v. State Farm, Anoka County, jury trial, April 28 – May 1, 2003, (personal injury, UIM)
    • Northway v. Reiland, et. al., Stearns County, jury trial, November 29 – December 3, 2004 (wrongful death; negligence)
    • Bundy v. Lamm, Todd County, jury trial, January 12-14, 2005 (premises liability; personal injury)
    • Dellwo v. Hennepin Cooperative Seed Exchange, Hennepin County, jury trial, April 8-11, 2005 (motor vehicle negligence; personal injury)
    • Kemper v. Western National, Stearns County, jury trial, July 10-13, 2006 (personal injury, UIM)
    • Kern v. Gaige, Stearns County, jury trial, May 22-24, 2007 (motor vehicle negligence; personal injury)
    • Olson v. Morrell Transfer, Sherburne County, jury trial, February 24- 27, 2009 (motor vehicle negligence; personal injury)
    • Dunn v. Coborn’s, et al., McLeod County, jury trial, January 31, February 1-2, 2012 (personal injury; premises liability)
    • Sisco v. Fisher, Crow Wing County, jury trial, March 27-28, 2012 (personal injury; motor vehicle negligence)
    • Theil v. Sletton and Blakeman, Pope County, jury trial, January 23- 24, 2013 (motor vehicle negligence)
    • Nelson v. Phoenix, Castenada and Western National Mutual Insurance Company, Kandiyohi County, jury trial, March 26-27, 2013 (motor vehicle negligence)
    • Davids v. Boroski, Sherburne County, jury trial, July 22-23, 2013 (wrongful death)
    • Sinna v. Anderson, Otter Tail County, jury trial, March 25-27, 2014 (motor vehicle negligence)
    • Strodtman v. Voss Plumbing and Heating, Stearns County, jury trial, April 1-3, 2014 (property damage resulting from sewage backup)
    • Doucette v. Morrison County, Morrison County, jury trial, April 27- May 6, 2015 (employment retaliation)
    • Johnson v. City of Cold Spring, Stearns County, jury trial, August 3-5, 2015 (contract; promissory estoppel)
    • Wallin v. Letourneau, 524 N.W.2d 275 (Minn. Ct. App. 1994) (dram shop)
    • Reinsurance Association of Minn. v. Hanks, 526 N.W.2d 406 (Minn. Ct. App. 1995) (insurance coverage)
    • Hanson v. Midnorthern Electric, 1995 WL 507628, unpublished opinion, (Minn. Ct. App. 1995) (personal injury; negligence)
    • Gertken v. Spee Dee Delivery, 1995 WL 450548, unpublished opinion, (Minn. Ct. App. 1995) (personal injury; negligence)
    • Hanson v Horecka, 1995 WL 46263, unpublished opinion, (Minn. Ct. App. 1995) (wrongful death; medical malpractice)
    • Heldt v. Truck Ins. Exchange, 1995 WL 1496, unpublished opinion, (Minn. Ct. App. 1995) (choice of laws; uninsured motorist coverage)
    • Norgren v. Winter, 1996 WL 344990, unpublished opinion, (Minn. Ct. App. 1996) (governmental immunity)
    • Lang v. Stearns County Sheriff's Department, 1996 WL 310327, unpublished opinion, (Minn. Ct. App. 1996) (governmental immunity)
    • Mielke v. Nelson, 1996 WL 509751, unpublished opinion, (Minn. Ct. App. 1996) (personal injury; negligence)
    • Fischer v. City of St. Cloud, 1996 WL 622751, unpublished opinion, (Minn. Ct. App. 1996) (governmental immunity)
    • Line Construction Benefits Fund v. Skeates, 563 N.W.2d 757 (Minn. Ct. App. 1997) (dram shop)
    • Kroning v. State Farm Ins. Co. (MDLA Amicus Brief), 567 N.W.2d 42 (Minn. 1997) (admission of evidence)
    • Anders v. Trester, 562 N.W.2d 45 (Minn. Ct. App. 1997) (premises liability; personal injury; negligence)
    • Hardwig v. Fingerhut Corp., 1997 WL 769526, unpublished opinion, (Minn. Ct. App. 1997) (reemployment)
    • Bergerson v. Geyer Rental, 1997 WL 698460, unpublished opinion, (Minn. Ct. App. 1997) (wrongful death; negligence)
    • Colvin v. Ottertail County, 1997 WL 666083, unpublished opinion, (Minn. Ct. App. 1997) (governmental immunity)
    • Kemp v. Widmer v. Saxton, et al, 1997 WL 559846, unpublished opinion, (Minn. Ct. App. 1997) (joint enterprise/joint venture)
    • Marchetti v. Bechtold, et al, 1997 WL 10524, unpublished opinion (Minn. Ct. App. 1997) (governmental immunity)
    • Schwalbe v. Berscheid, 1997 WL 193908, unpublished opinion, (Minn. Ct. App. 1997) (wrongful death; negligence)
    • Fuchs v. Schneider, 1998 WL 372809, unpublished opinion, (Minn. Ct. App. 1998) (legal malpractice)
    • Chiapusio v. Marso, 1998 WL 747142, unpublished opinion (Minn. Ct. App. 1998) (legal malpractice)
    • Guzzetta v. Mudek, 1999 WL 1897, unpublished opinion, (Minn. Ct. App., January 5, 1999) (land use; easement)
    • American Iron v. Dubow, 1999 WL 326210, (Minn. Ct. App. 1999) (defamation; anti-SLAPP)
    • Geyer Rental, Inc. v. Landwehr Const., 2000 WL 1146750 (Minn. Ct. App., August 15, 2000) (indemnification)
    • In re Silicone Implant Ins. Coverage Litigation, 652 N.W.2d 46 (Minn. Ct. App. 2002) (insurance coverage)
    • Longrie v. Luthen, 662 N.W.2d 150 (Minn. Ct. App. 2003) (governmental liability)
    • Bundy v. Holmquist, 669 N.W.2d 627, 2003 WL 22290276 (Minn. Ct. App., October 7, 2003) (premises liability)
    • In re Silicone Implant Ins. Coverage Litigation, 667 N.W.2d 405 (Minn. 2003) (insurance coverage)
    • Bruns v. Pioneer Enterprises, 2003 WL 21790247 (Minn. Ct. App., August 5, 2003) (premises liability)
    • Tripp v. RAM Mut. Ins. Co., 2005 WL 3470345 (Minn. Ct. App., December 20, 2005) (no-fault insurance coverage)
    • Carlson ex rel. Carlson v. Hess, 2005 WL 3372772 (Minn. Ct. App., December 13, 2005) (negligence)
    • In Re Continental Casualty Co., 712 N.W.2d 215 (Minn. Ct. App. 2006) (insurance coverage; jurisdiction and venue)
    • Pahnke v. Anderson Moving and Storage, 720 N.W.2d 875 (Minn. Ct. App. 2006) (governmental immunity)
    • Haugud v. Isanti County, Minnesota Court of Appeals, A06-0813 (June 13, 2006) (land use)
    • Mahoney and Hagberg v. Newgard, 729 N.W.2d 302 (Minn. 2007) (defamation; absolute privilege)
    • Granlund v. Lumley, 2007 WL 1412910 (Minn. Ct. App., May 15, 2007) (trespass)
    • In Re Continental Casualty Company, 749 N.W.2d 797 (Minn. 2008) (insurance coverage; jurisdiction and venue)
    • Zephier v. Catholic Diocese of Sioux Falls, et al., 752 N.W.2d 658 (SD 2008) (statute of limitations)
    • Fayette v. Pennington County, Minnesota Court of Appeals, A08-0740 (June 3, 2008) (Petition for Writ of Certiorari; employment law)
    • Lake Carlos Area Ass’n v. Douglas County, 2008 WL 4007023 (Minn. Ct. App., September 2, 2008) (land use)
    • Marshall v. Esco Industries, Inc., 2009 WL 2927474 (Minn. Ct. App., September 15, 2009) (premises liability)
    • Rau v. Leininger, 2009 WL 2928099 (Minn. Ct. App., September 15, 2009) (premises liability)
    • Staab v. Diocese of St. Cloud, 780 N.W.2d 392, (Minn. Ct. App. 2010) (joint and several liability)
    • Grew v. Board of Adjustment of Town of Rice Lake, 2010 WL 3000038 (Minn. Ct. App. 2010) (land use)
    • Martin v. Martin, 2010 WL 4286217 (Minn. Ct. App. 2010) (collateral estoppel; immunity)
    • Kern v. Janson and Torborg, 2010 WL 3546867 (Minn. Ct. App. 2010) (splitting causes of action; collateral estoppel)
    • Kelly v. Holt, 2010 WL 3000193 (Minn. Ct. App. 2010) (inconsistent jury verdict)
    • Kern v. Janson and Torborg, 800 N.W.2d 126 (Minn. 2011) (splitting causes of action; collateral estoppel)
    • Johnson v. Mid American Auction Co., Inc., Minnesota Court of Appeals, A11-0201 (appeal dismissed) (collateral sources)
    • Staab v. Diocese of St. Cloud, 813 N.W.2d 68 (Minn. 2012) (joint and several liability)
    • Anderson v. Christopherson, 816 N.W.2d 626 (Minn. 2012) (amicus curiae) (dog owner liability)
    • Columbia Casualty Co. v. 3M, et al., 814 N.W.2d 33 (Minn. Ct. App. 2012) (insurance coverage; implied breach of covenant of good faith and fair dealing)
    • Bernie v. Catholic Diocese of Sioux Falls, et al., 821 N.W.2d 224 (SD 2012) (statute of limitations)
    • Staab v. Diocese of St. Cloud, (second appeal), 830 N.W.2d 40 (Minn. Ct. App. 2013) (reallocation under comparative fault statute)
    • Staab v. Diocese of St. Cloud, 853 N.W.2d 713 (Minn. 2014) (reallocation under comparative fault statute)
    • Kariniemi v. City of Rockford, Minnesota Supreme Court, A14- 0796, (MDLA Amicus Brief) (immunity) (decision pending).
    • Marchetti v. Bechtold, et al, 141 F.3d 1169 (8th Circuit Court of Appeals 1998) (governmental immunity)
    • Mielke v. MN Douglas County, 1998 WL 97-2814 (8th Circuit Court of Appeals) (governmental immunity)
    • K.D. v. County of Crow Wing, 434 F.3d 1051 (8th Cir. 2006) (governmental liability)
    • Hanger v. Lake County, 390 F.3d 579 (8th Cir. 2004) (FMLA; employment law)
    • Doucette v. Morrison County, 763 F.3d 978 (8th Cir. 2014) (discrimination under MHRA)
    • Wolbeck v. Custom Waste Irrigation, Inc., Stearns County, jury trial, October 30 – November 9, 2018 (personal injury)
    • Auers v. Progressive Direct Insurance Co., Minnesota Court of Appeals, A15-1832, ___ N.W.2d _____ (Minn. Ct. App. 2016) (decision issued April 29, 2016)
    • Getz v. Peace and Palmer Bus Service of Maple River, Inc., Minnesota Supreme Court, A18-0121, (MDLA Amicus Brief) (collateral source) (decision pending)
    • Heinen v. City of Sauk Rapids, Minnesota Court of Appeals, A18-0867, (Minn. Ct. App., January 28, 2018) (petition for further review denied, Minn. S. Ct., April 16, 2019)
    • Duncan v. County of Chisago, Minnesota Court of Appeals, A18-1775, (Writ of Certiorari) (decision pending)
    • Pribyl v. Wright County, 8th Circuit Court of Appeals, 18-3743, (gender discrimination) (decision pending)
    • Thompson v. Kanabec County, 8th Circuit Court of Appeals, 19-1988, (FMLA) (decision pending)

    Qualifications

    Bar Admissions
    • Minnesota, 1993
    • South Dakota, 1994
    • U.S. District Court District of Minnesota, 1994
    • U.S. Court of Appeals 8th Circuit, 2003
    Other Affiliations
    • Minnesota State Bar Association, President, July, 2020 - June, 2021
    • Minnesota State Bar Association, Outstate Representative to the MSBA’s 15 member Council, 2013 - 2016
    • Minnesota State Bar Association, Chair of the Association’s Governance Committee, 2015 - 2016
    • Minnesota State Bar Association, Minnesota Women Lawyers Association's representative to the Council, 2006 - 2012
    • Minnesota State Bar Association, Co-Chair of the Association's Women and the Legal Profession Committee, 2004 - 2005
    • Minnesota State Bar Association, Chair of the Associations Elections and Appointments Committee, 2011 - 2013
    • Minnesota State Bar Association, Member of Assembly, Operations Committee, Elections and Appointments Committee, Judicial Elections Committee and Mock Trial Advisory Committee (various start dates to Present)
    • American Board of Trial Advocates, 2017 - Present
    • Association of Defense Trial Attorneys, State Chair, 2009 - Present
    • Association of Defense Trial Attorneys, Secretary , 2017 – Present
    • Association of Defense Trial Attorneys, Executive Council, Class of 2016
    • John E. Simonett American Inn of Court, President, 2007 - 2008
    • Minnesota Women Lawyers Association, Advisory Board, 2013 - Present
    • Minnesota Defense Lawyers Association, Board of Directors, 2006 - 2016
    • Minnesota Defense Lawyers Association, Secretary, 2011 - 2012
    • Minnesota Defense Lawyers Association, Treasurer, 2012 - 2013
    • Minnesota Defense Lawyers Association, Vice President, 2013 - 2014
    • Minnesota Defense Lawyers Association, President, 2014 - 2015
    • Minnesota Defense Lawyers Association, President Emeritus, 2015 - 2016
    • Minnesota Women Lawyers Association, Organizer, Central Minnesota Chapter
    • Minnesota Women Lawyers Association, President, Central Minnesota Chapter, 1999
    • Minnesota Women Lawyers Association, Chapter Liaison to Board of Directors, 2004 - 2010
    • Minnesota CLE, Board of Directors, 2012 - 2019
    • Seventh Judicial District Bar Association, Secretary/Treasurer, 2002 – 2018
    • South Dakota Bar Association
    • Stearns/Benton County Bar Association, Program Committee Chair, 1996-97; 1997-98
    • Stearns/Benton County Bar Association, Secretary/Treasurer, 1998 - 1999
    • Stearns/Benton County Bar Association, Vice President, 1999 - 2000
    • Stearns/Benton County Bar Association, President, 2000 - 2001
    • Stearns/Benton County Bar Association, Editor, Association Newsletter, 1998 - 1999
    Past Positions
    • State of Minnesota, Judicial Law Clerk, 1993 - 1994
    Fraternities and Sororities
    • Delta Theta Phi

    Articles

    Published Works
    • "Reallocation and the Severally Liable Defendant: Applying Minnesota Statute Section 604.02 after Staab v. Diocese of St. Cloud," Minnesota Defense, Volume 35, Issue 3, Fall 2014

    Office Info

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    Dyan J. Ebert
    Phone:
    (320) 200-4928
    Website:
    https://www.quinlivan.com
    Address:
    1740 W. Saint Germain St., Suite 101, Saint Cloud, MN 56301
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