STATE OF MINNESOTA IN COURT OF APPEALS A11-997 Corey Baker, et al., Appellants, vs. Best Buy Stores, LP, Respondent, Chartis WarrantyGuard, Inc., Respondent. 2 S Y L L A B U S When provided in its unambiguous language, a service contract on a product expires on the occasion of the seller’s decision to replace, …
Business lawyers know that the UCC requires a buyer to “pay at the contract rate for any goods accepted.” Minn. Stat. § 336.2-607(1); accord Minn. Stat. § 336.2-709 (“When the buyer fails to pay the price as it becomes due the seller may recover . . . the price . . . of goods accepted.”). …
If the buyer only accepts part of the shipment, can I sue the buyer? Read More »
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CIC Partners, Civil No. 09-3274 (SRN/SER) Plaintiff, MEMORANDUM OPINION v. AND ORDER Sunbeam Products, Inc., d/b/a Jarden Consumer Solutions, Defendant. ________________________________________________________________________ M ________________________________________________________________________ SUSAN RICHARD NELSON, United States District Judge This matter is before the Court on Defendant’s Motion to Exclude Expert Testimony and Opinions of Ronald C. …
How to exclude expert testimony in Minnesota federal court. Read More »
Business law firm lawyers are typically asked how a court determines attorneys’ fees. In calculating reasonable attorney fees, the Court begins by calculating the “lodestar”—the product of the number of hours reasonably expended on the litigation and the reasonable hourly rate at which those hours should be billed. The reasonableness of a fee depends upon …
A Minnesota business lawyer is often asked how much a buyer can sue a seller for when the seller does not deliver a product. Generally, the measure of damages for nondelivery by a seller is the difference between the market price at the time when the buyer learned of the breach and the contract price …
How much can a buyer claim for damages if the seller does not deliver the goods? Read More »
When a business relationship is terminated, the terminated business owner will sometimes try to claim a franchise relationship so as to prevent the termination. Many franchise acts require a putative franchisor to jump through various procedural hoops to terminate a franchisee, such as allowing the putative franchisee an opportunity to cure its alleged defaults. In …
No franchise business relationship existed to prevent termination of would-be franchisee Read More »
