– 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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What does it mean to terminate a contract? To terminate a contract means to end the contract prior to it being fully performed by the parties. In other words prior to the parties performing all of their respective obligations required by the contract, their duty to perform these obligations ceases...
The economic downturn resulted in a collision course for non-compete agreements. On the one hand, companies-more than ever – seek to value, protect and safeguard client relationships, including those protected by non-compete agreements. On the other hand, many employees feel the pressure of economic security and remain willing to accept...
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Real estate agents are often involved in the discovery of construction defects by their clients during the purchase agreement and inspection phase of a real estate transaction. The Minnesota Supreme Court recently decided the case of Camacho v. Todd and Leiser Homes, A04-599, filed November 23, 2005, which directly affects...
A number of bills were introduced in the Minnesota legislature in the 2011 session that impact community associations. Those that were enacted into law (effective August 1, 2011) include some technical amendments to the Minnesota Common Interest Ownership Act (“MCIOA”) to clarify some of the amendments that were made in...
When someone describes a traumatic brain injury (TBI), most people think of athletes such as those in the NFL or baseball players like Justin Morneau. Thankfully, gone are the days when concussions were seen as minor annoyances and kudos were given to athletes who immediately got back in the game....
One of the most common problems individuals face is insufficient automobile insurance coverage. This is because people often believe that “full insurance coverage” is enough coverage. Minnesota law requires that we all buy no-fault, liability, underinsured and uninsured motorist coverage. But, what does this mean and how much should you...
Business contracts usually contain a “Miscellaneous” or “General” section at the end of the document. The provisions under such a section are often viewed as boilerplate. However, such provisions can dramatically affect business terms and associated risks. Typically, the focus is appropriately on pricing, timing and manner of payment, delivery...
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In the United States, companies are still primarily under a “self-regulation” model when it comes to privacy considerations. There are exceptions for regulated entities (i.e. financial institutions subject to Gramm-Leach-Bliley Act and healthcare providers subject to the Health Information Portability and Accountability Act) which must follow statutory based regulations on...
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The Departments of Commerce and Labor and Industry published Bulletin 2010-4 (the Bulletin) in 2010 to address complaints of consumers and the insurance industry regarding perceived abusive practices being done by building contractors. In particular, consumers were concerned about contract language that required payment even if the homeowner did not...
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The recent tornados in the Twin Cities area announced the arrival of the Minnesota severe weather season very loudly. The storms that have occurred to date have caused significant damage in or around the Twin Cities area and putting homeowners’ in very difficult circumstances. The damage to those homes will...