STATE OF MINNESOTA IN COURT OF APPEALS A11-101 Andrew Ellis, et al., Appellants, vs. Jon Hanson, individually as a Past or Present Shrine Noble, Shrine Officer, Potentate, and/or as an attorney, et al., Respondents. Filed November 21, 2011 Affirmed in part and reversed in part Johnson, Chief Judge Hennepin County District Court File No. 27-CV-10-3977 …
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Johnson Brothers Liquor Company; Johnson Brothers Northwest Beverages, Inc., d/b/a Ed Phillips & Sons Co. of North Dakota; and Johnson Brothers Famous Brands, Inc., d/b/a Famous Brands and/or Western Wholesale; Plaintiffs, MEMORANDUM OPINION AND ORDER v. Civil No. 11-824 ADM/JSM Bacardi U.S.A., Inc.; and Brown-Forman Corporation, Defendants. I. …
Minnesota Franchise Act Claim Based On Implied Contract Fails Read More »
Black’s Law Dictionary defines liquidated damages as “[a]n amount contractually stipulated as a reasonable estimation of actual damages to be recovered by one party if the other party breaches.” Black’s Law Dictionary, 447 (9th Ed. 2009). Other terms used to describe liquated damages are “stipulated damages” or “estimated damages.” As the definition above suggests, the liquidated …
LIQUIDATED DAMAGES IN MINNESOTA–Are liquidated damages clauses enforceable in Minnesota? Read More »
The common law elements of conspiracy in criminal law are simple and straightforward: there must (1) be an agreement; (2) between two or more people; and (3) the agreement must be to commit a criminal act or to accomplish a legal act by illegal means. Conspiracy falls under complicity doctrine, which means that a defendant …
Civil Conspiracy in Minnesota–What is civil conspiracy? Read More »
8.03 AFFIRMATIVE DEFENSES In pleading to a preceding pleading, a party shall set forth affirmatively (1) accord and satisfaction, (2) arbitration and award, (3) assumption of risk, (4) contributory negligence, (5) discharge in bankruptcy, (6) duress, (7) estoppel, (8) failure of consideration, (9) fraud, (10) illegality, (11) injury by fellow servant, (12) laches, (13) …
Affirmative Defenses (Minn. R. Civ. P. 8.03)–Pleading affirmative defenses in Minnesota Read More »
CENVEO CORP., v. SOUTHERN GRAPHIC SYSTEMS, INC., MIKE AUSTIN, SHAWN AUSTIN, TOM AUSTIN, PAUL PEDERSON, EMILY RYAN, and SUSAN SPEARS (D. Minn. 2011). This case arises from Southern Graphic Systems, Inc.’s (“SGS”) hiring of Mike Austin, Shawn Austin, Tom Austin, Paul Pederson, Emily Ryan, and Susan Spears (“individual defendants” and collectively with SGS, “defendants”). Plaintiff …
In SCI Minnesota Funeral Services, Inc., et al. vs. Washburn-McReavy Funeral Corporation, the Minnesota Supreme Court addressed the following four issues: 1. A de novo standard applies to review of the district court’s ruling on summary judgment that the requirements for rescission and reformation were not met as a matter of law. 2. In the context …
In United States of America vs. JoAnna Barne, Hook N Horn, Ltd, and I Am Home, Inc.(D. Minn. 2011), the Minnesota District Court clarified pleading requirements under Fed. R. 9(b) for fraudulent transfer actions. The opinion follows. INTRODUCTION This action arises out of the IRS?s erroneous refund of nearly $600,000 to Fred H. Bame in 2005, …
Pleading Fraudulent Transfers in Minnesota–Minnesota Fraudulent Transfer Act Read More »
