Minnesota like other states has warranty protection for consumers of tractors and other farm equipment.  These protections typically arise under warranty law, but they can also arise under a statute, like a lemon law.  Minnesota duty-to-repair provision and the refund-and-replace provision of the lemon law, as applied to farm equipment, can only arise as to warranties on the engine and power train. Minn. Stat. §§ 325F.6653     This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A11-732 Joel O. Jansen, …

A Minnesota contract lawyer is often asked, “Do I have a contract that is enforceable?”  Or, a contract lawyer hears, Can I get out of this contract? The answer often depends on whether a contract was formed.  This case discusses contract formation in Minnesota.     UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Spice Corp, Plaintiff v. Foresight Marketing Partners, Inc.; Foresight Marketing Group, Inc.; and Sandisk Corporation, Defendants. Plaintiff Spice Corp (“Spice”) brought this action against Defendants Foresight Marketing Partners, Inc. (“FMP”), Foresight Marketing Group, Inc. (“FMG”), and SanDisk Corporation (“SanDisk”). In its Complaint, Plaintiff asserts a number of …

“Would my case be heard in state or federal court?” Minnesota business lawyers are typically asked why cases are in federal court rather than state court.  Typically, to be in federal court a dispute must be over $75,000 and have plaintiffs and defendants from different states.  If a plaintiff and defendant are from the same state, generally, a dispute cannot be heard in federal court.  Also, if the dispute is not in excess of $75,000, it cannot be heard in federal court.  When calculating the amount in dispute, the amount expended for attorney’s fees are a part of the matter …

Fraud occurs if a person remains silent when they have  duty to speak.  Business lawyers know that a “constructive” fraud can only occur in the context of fiduciary obligations and is simply a characterization of a breach of such a duty. As such, if no special relationship exists between the parties, a person does not have a duty to speak.   UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ron Yary; Kenneth D. Resnick and Marion L. Resnick, individually and as trustees of the Marion L. Resnick Revocable Trust created on September 7, 1995; and Irving Braverman, Plaintiffs, v. Stuart A. …