– Legal Insights –
If you’re considering filing a lawsuit in Minnesota, a critical question to ask is whether you can recover attorney’s fees as part of your case. The answer largely depends on the type of claim you bring, the agreements between parties, and specific Minnesota laws. Let’s explore when attorney’s fees might...
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Under Minnesota law, a judgment creditor may garnish nonexempt property of a debtor to help satisfy a judgment. While this is a well established proposition, up until very recently it was entirely unclear whether a website and a web domain were property subject to garnishment and it was also unclear...
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If you are business person looking to obtain a loan to purchase commercial real estate, the lender may require you to hold the property in a single purpose entity (typically a limited liability company (“LLC”) or corporation). If you are a lender in a position to finance your borrower’s commercial...
Both the Federal Fair Housing Act (“FHA”) and the Minnesota Human Rights Act (“MHRA”) contain provisions that prohibit discrimination in housing on the basis of a person’s membership in a protected class. Protected classes include, race, color, national origin, religion, sex, familial status and disability. Under the MHRA, creed, marital...
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Now that warm weather is finally here, many associations are discovering multiple areas of green space in their communities that have been damaged by pet waste over the winter months. Those brown patches of grass are unsightly enough, but what about the more offensive solid waste left by pets—and their...
As summer approaches for many of us our thoughts turn to the cabin or some other vacation property. For many families the cabin is not only a weekend or summer getaway, but part of the family’s legacy. For many owners, passing the property on to the next generation is not...
Fact or Fiction? It is legal to charge 18% per annum interest to all customers on unpaid balances. Answer: FICTION! In most cases, the maximum interest that may be charged on past-due accounts is 8% per annum if you have a written contract. Fact or Fiction? As subcontractor, if I...
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In Minnesota, a homeowner can make a claim for defective construction in new homes and remodeling projects. The defect or error, however, must be discovered within 10 years of completion of the work. This 10 year deadline is called the statute of repose. This 10 year period begins to run...
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Know Your Options Short-term or long-term disability coverage? Employer’s employment policies regarding disability leave Disability retirement? What happens with other benefits – health, 401 (k), life insurance Family Medical Leave Act coverage What Support Do You Have? Review medical records for accuracy and detail Discuss disability with physician Need...
Businesses in the construction industry have historically relied heavily upon independent contractors to perform work. While it is sometimes clear that a party is a true subcontractor, such as hiring ABC Flooring Inc. or 123 Hardwoods LLC, it is equally as common to misclassify laborers who are legally employees as...
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The maxim that one’s home is their castle goes as far back as the English common law of 1628: “For a man’s house is his castle and each man’s home is his safest refuge.” – Sir Edward Coke. Although these days that maxim may not be as literal as it...