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
Continuing his representation of daycares and daycare directors, Attorney Joseph A. Gangi recently obtained a dismissal of all criminal charges brought against a daycare director in Rice County who DHS says committed billing fraud. The district court judge found that there was no probable cause to support criminal charges and dismissed the case. This case comes after Mr. Gangi’s landmark decision in Kind Heart Daycare v. Commissioner of Human Services, where the Minnesota Supreme Court agreed that DHS was not properly interpreting the applicable criminal statute governing billing fraud. For more information on these issues, please contact Mr. Gangi at... Read More
If you get hurt on your way to or from work, your injuries may be covered by workers’ comp. Although, in general, injuries sustained by an employee while commuting to and from work are outside of the workers’ compensation coverage, there are some exceptions. In a recent decision of Hohlt v. University of Minnesota, the Minnesota Supreme Court held that a state employee was entitled to workers’ compensation benefits for the injuries she sustained when she slipped and fell on an ice-covered sidewalk curb ramp while walking to her car after work. The fact that she was not on the... Read More
The Minnesota Supreme Court has now clarified certain aspects of Minnesota’s expungement law. The issue is whether a criminal felony conviction, not able to be expunged on its own, can nonetheless be expunged if the conviction was deemed to be a misdemeanor under Minnesota law. One side of the argument says the answer is “yes” because the conviction is for a misdemeanor. The other side of the argument says the answer is “no” because the person was originally convicted of a felony. The Minnesota Supreme Court answered this question with a “no” – there is no opportunity for expungement of... Read More
Today from 4pm to 5:30pm, Farrish Johnson Law Office will host a reception for Minnesota Supreme Court Justice Natalie Hudson. Meet and hear from Justice Hudson ahead of the November 8 election and join friends and colleagues to support the reelection of Justice Hudson to the Minnesota Supreme Court. For more information about this special event, please contact Farrish Johnson Law Office at 507-625-2525.