Legal Resources

Civil lawyers know that interest can be substantial if the judgment is large enough.  This case suggests that interest accrues from the beginning of the case.  Also, it suggests that two offer different sources to cut off interest accrual exists in Minnesota, Rule 68 and Minn. Stat. 549.09.   STATE OF MINNESOTA IN DISTRICT COURT …

Interest and offers of judgment in Minnesota section 549.09 and Rule 68 Read More »

Aviva Sports, Inc., Plaintiff, v. Fingerhut Direct Marketing, Inc., Menard, Inc., Kmart Corporation, Wal-Mart Stores, Inc., and Manley Toys, Ltd., Defendants. Civil No. 09-1091 (JNE/JSM).United States District Court, D. Minnesota. June 27, 2011. ORDER JOAN N. ERICKSEN, District Judge. Pending before the Court is Defendant Wal-Mart Stores, Inc.’s (Wal-Mart) motion for summary judgment on count …

Constitutional standing and prudential standing elements Read More »

Kenneth Tabish, Appellant, v. Target Corporation, Respondent, IMPACT Resource Group, Inc., an Ohio corporation, et al., Respondents, John Does I-X, Defendants No. A10-2129.Court of Appeals of Minnesota. Filed June 27, 2011. Considered and decided by Peterson, Presiding Judge; Minge, Judge; and Worke, Judge. UNPUBLISHED OPINION WORKE, Judge. Appellant challenges the district court’s grant of summary …

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. Read More »

Herbert A. Igbanugo, et al., Appellants, v. Mark A. Cangemi, Respondent. No. A10-2002.Court of Appeals of Minnesota. Filed June 27, 2011. Considered and decided by Halbrooks, Presiding Judge; Hudson, Judge; and Bjorkman, Judge. UNPUBLISHED OPINION HALBROOKS, Judge. Appellants challenge the district court’s dismissal of their complaint for failure to state a claim upon which relief …

No fraud where representations made as to future events Read More »

Kamboo Market, LLC, Appellant, v. Sherman Associates, Inc., defendant and third party plaintiff, Respondent, v. Abdirashid Jama, et al., third party defendants, Appellants. No. A10-1810.Court of Appeals of Minnesota. Filed June 27, 2011. Considered and decided by Wright, Presiding Judge; Kalitowski, Judge; and Larkin, Judge. UNPUBLISHED OPINION LARKIN, Judge. Appellant challenges the district court’s award …

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 Read More »

Tri State Grease & Tallow Company, Inc., d/b/a Origo, Respondent, v. BJB, LLC, d/b/a Agri Trading, Appellant. No. A10-1560.Court of Appeals of Minnesota. Filed June 27, 2011. Considered and decided by Toussaint, Presiding Judge; Klaphake, Judge; and Connolly, Judge. UNPUBLISHED OPINION TOUSSAINT, Judge. In this appeal from judgment following a jury trial in a breach-of-contract …

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. Read More »

STATE OF MINNESOTA IN COURT OF APPEALS A10-1907 Ironwood Springs Christian Ranch, Inc., Appellant, vs. Walk to Emmaus a/k/a Walk for Emmaus, Respondent. Filed June 27, 2011 Affirmed in part, reversed in part, and remanded; motion granted  Schellhas, Judge Olmsted County District Court File No. 55-CV-09-7609       Considered and decided by Schellhas, Presiding Judge; …

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

Andre Haustein, Relator, v. City of St. Paul, Department of Safety and Inspections, Respondent. No. A10-1407.Court of Appeals of Minnesota. June 20, 2011.Andre Haustein, St. Paul, Minnesota, pro se relator. Sara R. Grewing, St. Paul City Attorney, Virginia D. Palmer, Assistant City Attorney, St. Paul, Minnesota, for respondent. Considered and decided by Toussaint, Presiding Judge; …

Dangerous animal determination and destruction valid Read More »

Tonna Mechanical, Inc., Respondent, v. Double Al, LLC, et al., Appellants, John Doe, et al., Defendants. No. A10-1174.Court of Appeals of Minnesota. June 20, 2011.Considered and decided by Peterson, Presiding Judge; Worke, Judge; and Schellhas, Judge. UNPUBLISHED OPINION WORKE, Judge. Appellants challenge the district court’s: (1) finding that an agency relationship existed giving rise to …

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