Notes & Trends – May/June 2018
CIVIL PROCEDURE JUDICIAL LAW • Minn. R. Civ. P. 25.01; dismissing appeal for lack of jurisdiction. Plaintiff was convicted of multiple counts of first degree-murder following a jury trial. In 2014,...
View ArticleNotes & Trends – July 2018
ADMINISTRATIVE LAW JUDICIAL LAW • Data Practices Act; ‘substantial evidence’ standard of review. In an important case under the Minnesota Government Data Practices Act, the Minnesota Supreme Court held...
View ArticleNotes & Trends – August 2018
Commercial and Consumer Law JUDICIAL LAW • Alternative dispute resolution. Arbitration agreements in both consumer and commercial contracts are common and provide in many circumstances both a cheaper...
View ArticleNotes & Trends – September 2018
EMPLOYMENT & LABOR LAW JUDICIAL LAW • Janus decision; Minnesota impact.As Labor Day 2018 rolls around, the ruling by the U.S. Supreme Court at the end of its 2017-2018 term, in Janus v. American...
View ArticleNotes & Trends – October 2018
CIVIL PROCEDURE JUDICIAL LAW • Minn. R. Civ. P. 63.03; affirming timely removal of assigned judge. Appellant is a petitioner in the Minnesota Tax Court in three cases. In June 2016 one of three tax...
View ArticleNotes & Trends – November 2018
CIVIL PROCEDURE JUDICIAL LAW • Minn. R. Civ. P. 12.02(e); affirming claim dismissal due to insufficient pleading of foreseeability. Doe 121 v. Diocese of Winona arose out of sexual misconduct by a...
View ArticleNotes & Trends – December 2018
COMMERCIAL & CONSUMER LAW REGULATORY LAW • Unlawful practices: Federal consumer protection laws give regulators considerable authority to penalize creditors that violate the protections afforded....
View ArticleNotes & Trends – January 2019
CIVIL PROCEDURE JUDICIAL LAW • Minn. R. Civ. P. 59.01; affirming denial of motion for new trial after settlement. Plaintiff and defendant were parties to a marriage dissolution proceeding. The parties...
View ArticleNotes & Trends – February 2019
CIVIL PROCEDURE JUDICIAL LAW • Minn. R. Civ. P. 6.05; affirming dismissal of late administrative appeal. Appellant contended the Worker’s Compensation Court of Appeals (WCCA) erred in dismissing her...
View ArticleNotes & Trends – March 2019
CRIMINAL LAW JUDICIAL LAW • Burglary: Misdemeanor trespass not lesser-included offense of first-degree burglary. Appellant pleaded guilty to first-degree burglary while possessing a firearm and being...
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