Legal Resources

Interest and offers of judgment in Minnesota section 549.09 and Rule 68

Constitutional standing and prudential standing elements

Spoliation encompasses the destruction of evidence through inadvertence or negligence, and may also include the destruction of evidence by a non-party under certain circumstances.

No fraud where representations made as to future events

The right to rescind must be exercised promptly upon discovery of the facts from which it arises for the reason that under the law it may be waived by continuing to treat the contract as a subsisting obligation in Minnesota

Minnesota to establish lost profits claim, plaintiff required to prove by a preponderance of the evidence that (a) profits were lost, (b) the loss was directly caused by defendant’s conduct, and (c) the amount of such causally related loss is capable of calculation with reasonable certainty rather than benevolent speculation.

Torts § 324A(b), a person who undertakes another’s duty owed to a third person must completely assume the duty

Dangerous animal determination and destruction valid

Apparent authority is that authority which a principal holds an agent out as possessing, or knowingly permits an agent to assume in Minnesota

Fed. R. Evid. 702 to be admissible, therefore, proposed expert testimony based on scientific, technical or other specialized knowledge must meet three prerequisites: it must be relevant, reliable, and offered by a qualified witness

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