In Minnesota a written contract can be varied or rescinded by oral agreement of the parties, even if the contract provides that it shall not be orally varied or rescinded
Minnesota contract lawyers know that a written contract can be varied or rescinded by oral agreement of the parties, even if the contract provides that it shall not be orally varied or rescinded. See the opinion below for more information. MAS Products, Inc., f/k/a MAS Racing Products, Inc., Respondent, v. MAS Acquisition, Inc., et al., Appellants. No. A11-1254.Court of Appeals of Minnesota. Filed February 27, 2012. Considered and decided by Worke, Presiding Judge; Connolly, Judge; and Crippen, Judge.[*] UNPUBLISHED OPINION CONNOLLY, Judge. Appellants challenge the district court’s grant of summary judgment in favor of respondent on respondent’s breach-of-contract claim and …
In Minnesota can I recover attorneys’ fees if my opponent pursues baseless claims? The answer is: yes.
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jon Hanson, Plaintiff and Counter-Defendant, v. Loparex, Inc., and Loparex, LLC, Defendants, Counter-Plaintiffs, and Third-Party Plaintiffs, v. Mondi Packaging Akrosil, LLC, and Mondi Packaging Minneapolis, Inc., Third-Party Defendants. Civil No. 09-1070 (SRN/FLN) MEMORANDUM OPINION AND ORDER SUSAN RICHARD NELSON, United States District Judge This Court previously denied as moot in part, denied in part, and granted in part the motions for Rule 11 sanctions against Defendants Loparex Inc. and Loparex LLC brought by Plaintiff Jon Hanson (Doc. No. 416), and by Third-Party Defendants Mondi Packaging Akrosil, LLC, and Mondi Packaging Minneapolis, Inc. (Doc. …
A legitimate nondiscriminatory reason for an employees discipline suspension and termination trumps claims of discrimination.
Minnesota business lawyers and employment lawyers know that discrimination claims must be well supported. Reasons for an employee termination because she has provided direct evidence that they acted with discriminatory animus is not conclusive if the record does not support the argument. Rather, in this case, the employer has proffered a legitimate, nondiscriminatory reason for employee’s discipline, suspension, and termination UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jenna K. Wood, Plaintiff, MEMORANDUM OPINION AND ORDER v. Civil No. 11-503 ADM/FLN SatCom Marketing, LLC, and Kimberly M. Roden, Defendants. ______________________________________________________________________________ _______________________________________________________ I. INTRODUCTION On January 26, 2012, the undersigned United …
Minnesota deceptive trade practices act requires specificity in pleading and proof.
Minnesota business lawyers know that the Minnesota Deceptive Trade Practices Act (“MDTPA”) permits a court to grant injunctive relief to any person who is “likely to be damaged by a deceptive trade practice of another.” Minn. Stat. § 325D.45, subd. 1 (emphasis added). To have standing to bring an MDTPA claim, a plaintiff must allege that it will suffer irreparable harm in the future. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA INCOMPASS IT, INC., Plaintiff, v. DELL, INC., Defendant. Case No. 11-CV-0629 (PJS/JJG) MEMORANDUM OPINION AND ORDER This matter is before the Court on the motion of defendant Dell, …
In Minnesota, if a bank account is titled in my name does that mean that I conclusively own the money in the account?
Minnesota attorneys should look to Texas law; in the case of determining if a depositor of funds to an account in his name was not the owner of the funds where he deposited the funds as “agent” and an unknown third party withdrew the funds that same day. The probative force of the facts showed that the account’s owner was not the one found in the full possession and control of the money deposited. An unseen hand exercised actual control over the account. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 10–20670 In the Matter of: …
A no reliance clause in a written agreement will defeat a fraud claim, under certain circumstances.
Minnesota contract lawyers should look to Texas law for support for the idea that an unambiguous waiver of reliance in a contract will defeat a fraud claim. See the case below for for more details. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 11-20264 In the Matter of: CAPCO ENERGY INCORPORATED; AMCO ENERGY, INCORPORATED Debtors ———————————————————————————————————— AMCO ENERGY, INCORPORATED, formerly known as Capco Offshore, Incorporated; CAPCO ENERGY INCORPORATED Appellants v. TANA EXPLORATION COMPANY; TRT HOLDINGS, INCORPORATED; TRISTONE CAPITAL, LLC; RYDER SCOTT COMPANY, L.P. Appellees Appeal from the United States District Court for the Southern District of …
Herbicide damage is a question of fact for the jury and a judge should not decide it.
Minnesota lawyers may like to use this particular case to help their clients. The overapplication of the herbicide damaged the Lesiaks’ fields and also to reasonably estimate the extent of the damage is a question for the jury to determine; and the district court erred in granting summary judgment on the Lesiaks’ negligence claim, as it was not barred by the economic loss doctrine. Lesiak v. CENTRAL VALLEY AG COOPERATIVE, INC., 283 Neb. 103 – Neb: Supreme Court 2012 283 Neb. 103 THOMAS LESIAK AND ANGELINE LESIAK, HUSBAND AND WIFE, ET AL., APPELLANTS AND CROSS-APPELLEES, v. CENTRAL VALLEY AG COOPERATIVE, …
If I am Minnesota federal court does the statute of limitations change compared to state court?
Experienced Minnesota trial lawyers know that in Minnesota federal court, the rule provides that an action is commenced upon filing (not service). But Minnesota state law claims asserted in federal court (e.g., in diversity cases or pendant state law claim joined with claims that raise a federal question) are still not “commenced” until service. As such, the courts have held that Minnesota’s commencement of action rules (i.e. that says service of process controls, not filing) are “substantive.” This is a trap for the unwary. If making state claims in federal court close to the statute of limitations deadline make sure …
Only the judgment debtor can be compelled to testify at a supplementary proceeding.
Creditor rights and debtor rights lawyers are often asked if a creditor with a judgment can take the deposition of someone who is not the debtor. The answer is no, at least in Wisconsin. STATE OF WISCONSIN : IN SUPREME COURT Crown Castle USA, Inc., Crown Castle Atlantic, LLC and Crown Castle GT Company, LLC, Plaintiffs-Respondents, v. Orion Construction Group, LLC, Defendant, Orion Logistics, LLC, Appellant-Petitioner. FILED MAR 22, 2012 Diane M. Fremgen Clerk of Supreme Court REVIEW of a decision of the Court of Appeals. Reversed and Remanded. ¶1 MICHAEL J. GABLEMAN, J. We review a published decision …
Debtor can have a $60,000 exemption for their IRA.
Creditor lawyers and debtor lawyers in Minnesota know that a debtor is entitled to exempt funds in IRA accounts from creditors up to the indexed present value limit plus any sums reasonably necessary for the support of the debtor and the debtor’s spouse or dependents. In other words, debtors can exempt approximately $60,000 of money in IRAs so that creditors cannot get them (if the debtor files for bankruptcy, the exempt amount is unlimited). RUSSELL AMERICINN LLC v. EAGLE GENERAL CONTRACTORS LLC RUSSELL’S AMERICINN, LLC, Plaintiff/Judgment Creditor, Respondent, v. EAGLE GENERAL CONTRACTORS, LLC, et al., Defendants/Judgment Debtors, Dale J. Werth, …