To vacate a default judgment a court must find good cause to vacate the judgment
Minneapolis, Minnesota lawyers know that federal courts to determine if a default judgment should be vacated will examine whether good cause exists, the … court should weigh whether the conduct of the defaulting party was blameworthy or culpable, whether the defaulting party has a meritorious defense, and whether the other party would be prejudiced if the default were excused. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 11-2526(DSD/AJB) James Bigham, John Quarnstrom, Robert Vranicar, Steve Ritchie, Marty Strub, and Richard Leitschuh as Trustees of the Sheet Metal Local #10 Control Board Trust Fund, and the Sheet Metal Local …
Minnesota contract law provides that: although disfavored, noncompete agreements are enforced when reasonable and supported by adequate consideration.
To determine the reasonableness of a noncompete agreement, the court considers: (1) whether the restraint is necessary for the protection of the business or goodwill of the employer, (2) whether the restraint is greater than necessary to adequately protect the employer’s legitimate interests, (3) how long the restriction lasts and (4) the geographic scope of the restriction. Life Time Fitness, Inc., Plaintiff, v. Daniel DeCelles, Defendant. Civil No. 12-420(DSD/SER). United States District Court, D. Minnesota. February 28, 2012. V. John Ella, Esq., Sarah M. Fleegel, Esq., and Jackson Lewis, LLP, 225 South Sixth Street, Suite 3850, Minneapolis, …
Minnesota contract lawyers should review this case as a guide in determining how a court will determine what state’s law applies to a contract.
Windsor Craft Sales, LLC, and Crosby Yacht Yard Inc., Plaintiffs, v. VICEM Yat Sanayi ve Ticaret AS, and Vicem Yachts, Inc., Defendants. Civil No. 10-297 ADM/JJG.United States District Court, D. Minnesota. February 28, 2012.Aimee D. Dayhoff, Esq., and Geoffrey P. Jarpe, Esq., Winthrop & Weinstine, PA, Minneapolis, MN, on behalf of Plaintiffs Windsor Craft Sales, LLC, and Crosby Yacht Yard Inc. Kerry L. Bundy, Esq., Christopher J.L. Diedrich, Esq., Matthew B. Kilby, Esq., Michael F. Cockson, Esq., and Jeffrey P. Justman, Esq., Faegre Baker Daniels LLP, Minneapolis, MN, and R. Thomas Farrar, Esq., and Umberto C. Bonavita, Esq., Robert Allen …
Minnesota conract lawyers should note this mechanic’s lien case
Mechanics’ liens are purely creatures of statute, existing only within the terms of the governing statutes.The purpose of a mechanic’s lien “is to reimburse laborers and material providers who improve real estate and are not paid for their services. When a lienor’s work is defective, the appropriate measure of damages . . . is to take either the cost of reconstruction in accordance with the contract, if this is possible without unreasonable economic waste, or the difference in the value of the building as contracted for and the value as actually built, if reconstruction would constitute unreasonable waste. The Gopher …
Minnesota business lawyers should take notice of the voluntary payment defense.
Minneapolis, Minnesota business lawyers know that the voluntary payment doctrine is a doctrine that bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law. MICHAEL SALLING, PLAINTIFF-APPELLANT, v. BUDGET RENT-A-CAR SYSTEMS, INC.; AVIS BUDGET CAR RENTAL, LLC; AVIS BUDGET GROUP, INC., DEFENDANTS-APPELLEES. United States Court of Appeals, Sixth Circuit. Argued: November 15, 2011.Decided and Filed: February 29, 2012.ARGUED: Nicole T. Fiorelli, Patrick J. Perotti, DWORKEN & BERNSTEIN CO., L.P.A., Painesville, Ohio, DWORKEN & BERNSTEIN, Painesville, Ohio, for Appellants. Marc J. Kessler, HAHN LOESER & PARKS …
Minnesota contract lawyers can claim prejudgment interest even if their client client prevails and acts unreasonably in delaying the litigation.
Minnesota contract lawyers should take note of this case because it states that a prevailing party in a contract dispute can recover prejudgment interest, even if the prevailing party unreasonably delays the prosecution of the case and acts in a dilatory manner, so long as the contract provides for prejudgment interest. TRUSERV CORPORATION, SUCCESSOR BY MERGER TO SERVISTAR COAST TO COAST CORPORATION, F/K/A SERVISTAR CORPORATION, Appellant, v. MORGAN’S TOOL & SUPPLY CO., INC., JOHN L. MORGAN, AND GAIL N. MORGAN, Appellees. No. 10 WAP 2010.Supreme Court of Pennsylvania, Western District. Argued: October 19, 2010.Decided: February 21, 2012.CASTILLE, C.J., SAYLOR, EAKIN, …
Minnesota employment law allows an employee to claim negligent infliction of emotional distress under certain circumstances
Minnesota employment lawyers know that a negligent-infliction-of-emotional-distress claim succeeds “when that plaintiff is within a zone of danger of physical impact, reasonably fears for his or her own safety, and consequently suffers severe emotional distress with resultant physical injury.” 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 A11-1573 Maria M. Schimming, Appellant, vs. Equity Services of St. Paul, Inc., Respondent. Filed April 23, 2012 Affirmed Hudson, Judge Ramsey County District Court File No. 62-CV-09-13339 Maria Schimming, Eagan, Minnesota (pro se …
Take notice Minnesota lawyers, a landlord can commit an invasion of privacy by granting someone permission to enter a tenants property
Experienced Minneapolis, Minnesota business lawyers know there are three elements to the tort of invasion of privacy by intrusion upon seclusion: “an intrusion; that is highly offensive; and into some matter in which a person has a legitimate expectation of privacy.” 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 A11-298 Amy Radford, Respondent, vs. Airizes Miller, Appellant, Terry Roemhildt, et al., Defendants. Filed April 23, 2012 Affirmed Halbrooks, Judge Kanabec County District Court File No. 33-CV-09-430 Jeffrey Alan Nath, Law …
A judgment creditor can levy a domain name of a judgment debtor to satisfy his judgment
Minnesota collection lawyer should note this decision: A judgment creditor can levy a domain name of a judgment debtor to satisfy his judgment. 596 F.3d 696 (2010) OFFICE DEPOT INC., Plaintiff-Appellee, DS Holdings, LLC, Assignee-Appellee, v. John ZUCCARINI, doing business as Country Walk, Defendant-Appellant. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 17, 2009.Filed February 26, 2010.697*697 John Zuccarini, Pro se, Stuart, FL, defendant-appellant. Michael Woodrow De Vries, Latham & Watkins LLP, Costa Mesa, CA, for the plaintiff-appellee. 698*698 Henry M. Burgoyne III, Karl S. Kronenberger, Kronenberger Burgoyne LLP, San Francisco, CA, for the assignee-appellee. Before: …
Minnesota corporate lawyers should base fair value of shares to a dissenting shareholder as it existed immediately before the triggering event
Minnesota corporate lawyers may be interested to know about the following case in which the court found the intent of the dissenting shareholder provisions in N.D.C.C. ch. 10-19.1 is to provide the fair value of shares to a dissenting shareholder as it existed immediately before the triggering event, and changes in economic circumstances occurring after the triggering event which affect the value of the shares are irrelevant. IN THE SUPREME COURT STATE OF NORTH DAKOTA 2012 ND 37 Mark Rickert, Plaintiff and Appellee v. Dakota Sanitation Plus, Inc., a North Dakota Corporation, and Peggy Becker, individually, as a director …