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 »
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 Minnesota business law lawyer that litigates business disputes, know sthat when pleading fraud, a plaintiff must plead with specificity the exact misrepresentation of existing fact that the defendant purportedly made in order to withstand a motion to dismiss. Ogletree, Abbott, Clay & Reed Law Firm, L.L.P., Plaintiff, v. FindLaw, West Publishing Corporation, and Thomson …
Minneapolis, Minnesota creditor and debtor attorney may know that if a creditor settles a dispute with a debtor that debtor may file bankruptcy, in which case the debt may be discharged unless 11 U.S.C. 523(a)(4) nor 11 U.S.C. 523(a)(6) barred discharge of the debt. Here the Court of Appeals found that debtor Owner (1) Owner …
Minnesota has enacted two forms of statutory fraud laws: the Consumer Fraud Act (“CFA”) and the Uniform Deceptive Trade Practices Act (“UDTPA”). The Minnesota CFA prohibits the “act, use, or employment by any person of any fraud, false pretense, false promise, misrepresentation, misleading statement or deceptive practice.”MINN. STAT. § 325F.69, subdiv. 1 (2004). The UDTPA …
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 …
Minnesota deceptive trade practices act requires specificity in pleading and proof. Read More »
Fraud can stop a contract from being enforced because a court will often treat it as if the contract was never formed. Contract lawyers faced with a fraud case, will often ask the client what she was told that she relied upon in deciding to enter the contract. The following opinion explores various forms of …
Fraud occurs if a person remains silent when they have duty to speak. Business lawyers know that a “constructive” fraud can only occur in the context of fiduciary obligations and is simply a characterization of a breach of such a duty. As such, if no special relationship exists between the parties, a person does not …
