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 …
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 …
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 »
A Minneapolis, Minnesota business attorney knows the general rule that once an inventor has decided to lift the veil of secrecy from his work, he must choose the protection of a federal patent or the dedication of his work to the public at large. Indeed, unless protected by patent or copyright, functional product features may …
A Minneapolis, Minnesota business lawyer knows that a distributor who transfers its assets to a new company may be terminated as a dealer if the transfer is not approved by a supplier. TEXAS UJOINTS LLC, Plaintiff-Appellant, v. DANA HOLDING CORP., et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Eastern District …
A Minneapolis, Minnesota business attorney knows that a successor business may be liable for its predecessor’s tax liabilities. This was found to be true in the case below where a company goes out of business without paying all of its taxes, the new entity is incorporated the same day, purchased the previous company’s inventory, took over …
A successor entity may owe the federal government taxes Read More »
Minnesota business lawyers know that courts have the inherent authority and under Rule 37 to sanction parties who fail to comply with discovery orders. “‘If a party can make himself a judge of the validity of orders which have been issued, and by his own act of disobedience set them aside, then are the courts …
An experienced Minneapolis, Minnesota lawyer knows that the right to a jury trial on an award of attorneys’ fees is required under the Minnesota Constitution. 813 N.W.2d 49 (2012) UNITED PRAIRIE BANK-MOUNTAIN LAKE, Respondent, v. HAUGEN NUTRITION & EQUIPMENT, LLC, et al., Appellants. No. A09-0607. Supreme Court of Minnesota. March 14, 2012. Rehearing Denied April …
