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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
What is the difference between wrongful termination damages and unemployment benefits?
When it comes to the termination of one’s employment, there are typically two issues to think about. First, is the employee eligible for unemployment benefits? Second, was the termination “wrongful” in the sense that the terminated employee can sue the employer for damages? Although related, these are two distinct issues that must be separately analyzed. Generally speaking, an employee who is terminated from employment is eligible for unemployment unless the person was terminated for employment misconduct. Misconduct is defined to mean “any intentional, negligent, or indifferent conduct, on the job or off the job, that is a serious violation of... Read More
Custody Rights of Unmarried Fathers in Minnesota
I often receive phone calls from fathers who are frustrated that they cannot see their children because the mother keeps changing her plans or will only let fathers see the children when it is convenient for the mother. Almost daily I hear, “Well, I signed the Recognition of Parentage and birth certificate, how can she do this?” This is because signing the Recognition of Parentage (otherwise known as “ROP,” i.e., a certificate you sign after the birth of a child) is not enough in Minnesota. Minnesota law mandates for fathers to obtain formal rights for parenting time and custody, fathers... 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
Who Owns the Dog?
Let’s say you own a dog named Oliver. You love this dog very much but move away for school, so you ask a friend to keep him. Your friend agrees. When you return from school two years later, you ask for Oliver back, but your friend refuses to return Oliver to you. Whose dog is it? This fact situation is actually quite common in our society. The Minnesota Court of Appeals recently decided this very issue in the case Zephier v. Agate. The question turned on whether Oliver was “abandoned” property in the legal sense. As a general rule, property... 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.
Minnesota CLE Replays Suspended–Updated
Due to COVID-19, Minnesota CLE has suspended all in-person CLE Replays from March 16th through May 8th. Therefore, the following replays at our office will be cancelled: Estate Planning, Probate & Trust Law 50 Friday, March 27, 2020 Uninsured, Underinsured, No-Fault & Bodily Injury Update Thursday, April 9, 2020 The SECURE Act Friday, April 17, 2020 Advising the Disadvantaged Session – Day 1 and Day 2 Thursday, April 30, 2020 Understanding Trusts–Practical Advice on Creating & Administering Trusts Friday, May 8, 2020 Minnesota CLE will be converting this CLE replay to their “On Demand classroom,” so it may be streamed... Read More