– 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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Community Associations Beware: Minnesota law requires replacement cost insurance rather than actual cash value coverage Recently, one of our clients informed us that certain insurers were selling and providing actual cash value policies to Minnesota community associations; the client questioned whether such policies complied with Minnesota law. Minnesota law requires...
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For many associations, the Board of Directors’ biggest issue is not collecting assessments, establishing budgets or even dealing with insurance claims…it’s dealing with difficult homeowners. Even the most even-tempered folks have “hot buttons,” and dealing with the emotions entwined in ownership of one’s home can push those buttons and create...
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Some insurance companies are telling Minnesota property owners and their contractors that insurers do not have to pay overhead and profit under Minnesota law. There is no such law. Some insurance companies say they have what amounts to an unwritten policy to not pay overhead and profit. Unwritten policies do...
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An interim ordinance was proposed and adopted by the Minneapolis City Council on March 7, 2014 that puts a halt to the demolition or new construction of single and two-family homes in the Linden Hills, Fulton, Armatage, Kenny and Lynnhurst neighborhoods of Minneapolis. This interim ordinance is effective immediately and...
IRA and 401k plans have been long thought to be fully protected from creditors. In recent years limitations on that protection have been put in place, usually for bankruptcy purposes. Since 401k plans are covered by a trust that contains a “Spendthrift” clause, creditors are not permitted to attach or...
As commercial litigation attorneys, a healthy percentage of the complaints which we initiate or respond to contain a claim that one or both of the parties involved committed fraud. For a variety of reasons, it has become almost standard practice for such claims to be included in complaints primarily involving...
If your business sells goods that scale, you may be what the law identifies as a “Lost Volume Seller.” Your status as a Lost Volume Seller carries with it some very special rights. Unfortunately, many merchants unwittingly give up these rights by failing to take a simple precaution at the...
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U.S. Department of Education Guides School Districts in Providing Equal Opportunities to Student-Athletes with Disabilities Earlier this year, the Department of Education’s Office for Civil Rights (“OCR”) issued guidelines clarifying school districts’ existing legal obligations to provide students with disabilities equal access to extracurricular athletic activities.1 The OCR noted that...
Quick Summary Learning how to win your unemployment appeal hearing is not an exact science. While nothing is guaranteed, understanding the do’s and don’ts of these cases will prepare you to approach your court date with confidence and increase your chances of winning. DO’s DON’TS Take the process seriously Rely...
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Minnesota provides family and medical leave protection to both public and private employees through its Parental Leave Act. Minnesota’s Parental Leave Act is the state version of the federal Family and Medical Leave Act, which provides up to 12 weeks of unpaid leave to employees to care for the serious...