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Minnesota Court of Appeals

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Court of Appeals Affirms Foreclosure Decision

In Leeco, Inc. v. Cornerstone Bank, 2017 WL 2836097, a Naegeli Court Reporter of Appeals affirmed the district court’s grant of summary judgment in favor of Cornerstone Bank which had foreclosed its mortgage on property owned by Leeco. Leeco argued that (1) the mortgaged property consisted of “separate and distinct tracts” as so should have been auctioned separately under Minn. Stat. 580.08; and (2) that the Notice of Foreclosure Sale misstated the amount due on the mortgage under Minn. Stat. § 580.04(a)(3). Leeco argued that the lakefront property consisted of separate tracts because it included four tax parcel identification numbers...
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Is it Time To Review Your Liability Waiver?

Many businesses use liability waivers – a release signed by customers to prevent them from suing the business in the event they get hurt. At least, they are supposed to. In a recent Minnesota case, Price v. Fitness Together Maple Grove (Minn. App. 2017), a health club member was seriously injured after her personal trainer purportedly dropped a weight on her head. She sued the health club for her injuries. The health club relied on a waiver the member signed and argued that the waiver precluded the lawsuit. The Minnesota Court of Appeals disagreed, holding that the language of the...
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Minnesota Wrongful Conviction Statute Declared Unconstitutional

A wrongfully-convicted Minnesota woman is able to seek compensation for the time she spent behind bars – nearly three years – thanks to Attorney Joseph A. Gangi of Farrish Johnson Law Office.  A new Minnesota law provides compensation to Minnesotans who were wrongly convicted of a crime and had to serve time in prison because of that. Danna Back petitioned for compensation under this new law.  She was exonerated when the Minnesota Supreme Court reversed her conviction on the basis that she did not commit a crime.  But a judge denied Back the opportunity to seek compensation because the new...
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