In many ways, up until the recent amendments by the 2023 Minnesota Legislature, Minnesota consumer protection laws have not been useful for aggrieved consumers. One of the reasons is that consumers, in many instances, did not have a clear right to bring a lawsuit if they were the only one injured by a wrongful act. …
Minnesota Consumer Protection Act Amended to Provide Private Right of Action Read More »
Sec. 38. [181.991] RESTRICTIVE FRANCHISE AGREEMENTS PROHIBITED. Subdivision 1. Definitions. (a) For purposes of this section, the following terms havethe meanings given them. (b) “Employee” means an individual employed by an employer and includes independentcontractors. (c) “Employer” has the meaning given in section 177.23, subdivision 6. (d) “Franchise,” “franchisee,” and “franchisor” have the meanings given …
For Minnesota employment agreements effective on or after July 1, 2023, covenants against competition will be banned. However, covenants not to compete entered into as part of the sale of a business will be enforceable. With this new law, Minnesota joins other states, most notably, California, in the trend to not enforce employment agreements that …
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2018). STATE OF MINNESOTA IN COURT OF APPEALS A18-1761 State of Minnesota, Appellant, vs. Minnesota School of Business, Inc. d/b/a Minnesota School of Business, et al., Respondents. Filed June 3, 2019 Affirmed in part, reversed …
Minnesota Usury Laws Protect Debtors from High Interest Rates Read More »
Lyon Financial Services, Inc. v. MBS Management Services United States District Court, D. Minnesota Sep 6, 2007 Civil No. 06-4562 (PJS-JJG). (D. Minn. Sep. 6, 2007) REPORT AND RECOMMENDATION ________________________________________ JEANNE GRAHAM, Magistrate Judge The above matter came before the undersigned on July 31, 2007 on a motion to dismiss (Doc. No. 16) by third …
In Control Data Corp. v. Garrison, 233 NW 2d 740 (Minn. 1975) the Minnesota Supreme Court quoted Webster’s New International Dictionary and found the preferred meaning of the word ‘susceptible’ as: Of such a nature, character, or constitution as to admit or permit; capable of submitting successfully to the action, process, or operation;—with Of, followed …
Minnesota Fraud What Does Susceptible of Knowledge Mean Read More »
A Minneapolis, Minnesota fraud attorney will often ask his client to estimate her damages, which can be difficult. A party asserting a fraud claim must prove the following elements: a) there was a representation; b) which was false; c) which had to do with a past or present fact; d) it was material; e) it …
A Minneapolis, Minnesota contract lawyer knows that a breach of contract claim premised upon a breach of the implied covenant of good faith and fair dealing can be a powerful claim. In In re Hennepin County 1986 Recycling Bond Litigation, 540 N.W.2d 494, 502 (Minn. 1995), the Minnesota Supreme Court held that: Under Minnesota law, …
An experienced Minneapolis, Minnesota contract attorney knows that when presenting facts to a court about about a disputed issue, the judge or jury will weigh the credibility of the witnesses. In this case, two farmers argued about their agreement relating to a pivot irrigation system and whether it became a fixture on the property and whether …
A statute usually determines whether personal property becomes a fixture on realty Read More »
An experienced Minneapolis, Minnesota creditor lawyer knows that sometimes a debtor will try to avoid paying on a judgment. In the case below from Connecticut, the debtor tried to avoid paying on a judgment by transferring all his wages (over and above what the creditor could take) to his wife. The court found that because …
Debtor’s transfer of wages to wife did not prevent creditor from getting at them Read More »
