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Minnesota Court of Appeals Clarifies When Self-Defense May Be Claimed
Self-Defense is often thought of as a way to protect yourself from harm. If someone attacks you in some way, you may be justified in using self-defense to stop the attack, and you may not be held liable for any harm that occurs to the attacker. “Reasonable use of force” may be authorized in these situations. But what if there is no attack against you: can you still use self-defense? According to a recent opinion by the Minnesota Court of Appeals, the answer is “yes.” In State v. Lampkin, the defendant was charged with domestic assault after he pushed his... Read More
State may be liable for shut downs of business
The Minnesota Supreme Court left open a narrow door for potential claims against the State for economic losses suffered by businesses from COVID related shutdowns. In Buzzell v. Walz, the plaintiff sued for damages over the shutdown of his wedding venue and restaurant. The court addressed a remedial provision of the emergency powers law, Minn. Stat. Ch. 12, which provides that an “owner of commandeered property must be promptly paid just compensation for its use and all damages done to the property while so used for emergency management purposes.” The court held that, for property to be “commandeered” so as to... Read More
Unemployment Law in Minnesota: If an Employee Quits
In Minnesota, a former employee may still receive unemployment benefits if he or she falls under one of ten exceptions. One of the most common exceptions is “adverse working conditions.” In summary, the employee must have suffered unpleasant working conditions that the employer was responsible for, and that it would compel an average reasonable worker to quit. Most importantly, the employee must have complained to the employer and given them an opportunity to correct such adverse working conditions. If you quit your job, you still may be eligible for unemployment benefits in Minnesota. Contact attorney Andrew Moeller by email or... 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
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