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Minnesota Supreme Court Protects Sex Assault Victims’ Privacy Rights
The Minnesota Supreme Court recently reinforced the privacy rights of sexual abuse victims. In In re Hope Coalition, the court held that a criminal defendant’s interest in obtaining the records of a sexual assault victim’s counselor for the purposes of developing his defense did not overcome a statutory protection in Minn. Stat. § 595.02, subd. 1(k), which “creates a privilege for sexual assault counselors.” In sum, the court held that the statutory privacy protection “cannot be pierced in criminal proceedings without the victim’s consent.” The statute did “not permit disclosure of privileged records in a criminal proceeding, even for in camera... Read More
Unemployment Law in Minnesota
The COVID-19 pandemic has brought many uncertainties to our society, including to our work force. Many people had to quit their job or were fired. Often, it is assumed that if an employee quit or was fired, they will be unable to receive unemployment in Minnesota. However, this is inaccurate. Under the law in Minnesota, you may be able to get unemployment if you were fired for several reasons, including simple unsatisfactory conduct, conduct an average and reasonable employee would have engaged in under the circumstances, mere inefficiency, or inadvertence. If you had to quit your job or were... Read More
Evictions During the Pandemic: Update
On June 29, 2021, the State of Minnesota enacted a law, Minnesota Session Laws 2021, 1st Special Session, Chapter 8 H.F. No.4, Article V, which phased out the COVID-19 based moratorium that suspended evictions and landlord-initiated lease terminations since March of 2020. As of today, most off-ramp protections ended on October 12, 2021. Landlords can file evictions for any legal reason except for non-payment of rent evictions for tenants who have a pending COVID-19 emergency rental assistance application. Moreover, on June 1, 2022, protections for tenants with pending COVID-19 emergency rental assistance applications expire on June 1, 2022; thus, eviction... Read More
Minnesota Court of Appeals Decides Liability Waiver Issue
In Justice v. Marvel, LLC, A20-1318 (Minn. App. July 19, 2021), the court of appeals decided several issues related to the enforceability of liability waivers. First, the court held that a “parent is authorized to sign, on behalf of his or her own minor child, an exculpatory clause that releases a negligence claim against a third-party.” The court further held that if “the exculpatory clause is valid and enforceable, it is binding on the child after the child becomes an adult.” Second, the court held that an “exculpatory clause that is overly broad because it purports to release claims of... Read More
Minnesota Court of Appeals Decides Privacy Case
In Smallwood v. State, A21-0001 (Minn. Ct. App. Aug. 23, 2021), the court of appeals decided several issues effecting privacy claims. The case concerned a hacker accessing a Minnesota Department of Human Services e-mail account. Smallwood, who was civilly committed to the state sex-offender program as a sexually dangerous person, was informed that his private information may have been accessed. He sued the state arguing that this caused him emotional and economic harm. Smallwood’s first claim against the state was for violation of the Minnesota Government Data Practices Act. The district court dismissed this claim at the outset for failing... Read More
Evictions During the Pandemic
COVID-19 has brought unprecedented changes in our world, including evictions in Minnesota. Governor Tim Waltz executed Emergency Executive Order 20-79 on July 14, 2020, which is still in effect for evictions in Minnesota. Under this Order, you cannot evict a tenant unless it falls under a few exceptions. Notably, the tenant may be evicted if they (1) seriously endanger the safety of others, (2) cause significant property damage, or (3) violate Minnesota Statutes 2019, section 504B.171, subdivision 1 (including but not limited to: controlled substances, prostitution, and unlawful possession of a firearm). It is unknown when Executive Order 20-79 will... Read More
Requirements for Triggering Pre-Verdict Interest
On January 11, 2021, in Blehr v. Anderson, the court of appeals clarified the requirements for triggering pre-judgment interest under Minn. Stat. 549.09. Section 549.09 allows pre-verdict interest “from the time of the commencement of the action…or the time of a written notice of claim, whichever occurs first.” Often, claimants will send a written letter to the defendant or insurance company prior to making a demand or commencing suit to ensure pre-verdict interest begins to accrue during the investigatory and pre-litigation phase of a claim. Prior to Blehr, debates occurred over what information was sufficient for a pre-suit letter to... Read More
Update on Expert Witness Requirements in Malpractice Claims
Minn. Stat. § 544.42 generally requires that claimants, who are bringing negligence or malpractice claims against various types of professionals, provide expert testimony establishing the elements of their claim. Claimants may try to avoid this requirement by rebranding their claims as something other than negligence. In Mittelstaedt v. Henney, decided January 4, 2021, the claimant sued his attorney for “breach of fiduciary duty.” The claimant argued that section 544.42’s expert review requirements did not apply because the claim was not for “negligence” or “malpractice.” The court disagreed. It compared the underlying elements of negligence and breach of fiduciary duty claims... Read More
Are Workplace Injuries Covered if I am now Working from Home?
Mankato Workplace Injury Attorney Minnesota Governor Tim Walz recently declared the coronavirus a “peacetime emergency”, and recommended certain actions for controlling its spread. One of those recommendations included asking businesses to allow teleworking whenever possible. With their workplace now redefined, many are wondering how that might affect their workers’ compensation benefits. Are employees still covered for an on-the-job injury while at home? Here is some vital information to know. Minnesota Workers’ Compensation Law According to the Minnesota Department of Labor and Industry (DLI), the state’s workers’ compensation system is a “no-fault system designed to provide benefits to employees who are injured as a... Read More
Case Law Update
Due to the coronavirus, Minnesota Governor Tim Walz signed executive order 20-01, postponing deadlines imposed by statute, including statutes of limitations. Governor Walz passed legislation suspending all statutes of limitations for 60 days after the end of the “peacetime emergency declaration.” The effective date of the statute is March 13, 2020; see Legislative Tolling Statutory Deadlines. It is unknown at this time what is specifically meant by the end of the “peace- time emergency declaration.” Please contact attorney Scott Kelly via email or call 507-625-2525 for further information.