Expungement of Eviction Records
In Housing & Redevelopment Authority of Duluth, MN v. Young, the Minnesota Court of Appeals held that district courts have the inherent authority to expunge judicially held eviction records. Young was evicted from an apartment. After his eviction, he became homeless and claimed resulting harm to his mental and physical health. Moreover, while housed, he had received care from a personal-care assistant, which he could no longer have without a home. Instead of seeking expungement of his record under various statutory criteria, he sought expungement under the court’s inherent authority. In holding that the district court had inherent expungement authority,... Read More
State Not Strictly Liable for Dog Attacks
In Berrier v. Minnesota State Patrol, the Minnesota Court of Appeals held that the State is not strictly liable for injuries arising out of an unprovoked attack by a state patrol dog. Minnesota statutes impose strict liability, that is liability without the need to prove negligence or failure to use reasonable care, on dog owners for injuries arising out of unprovoked attacks. However, government entities enjoy numerous immunities to suit and, in this case, the court of appeals held that the State had not waived its immunities to strict liability dog attack claims. With strict liability claims unavailable, the claimant... Read More
Just the FAQs: Minnesota’s Ban on Non-Compete Agreements
Non-Compete Agreements have always been disfavored in the eyes of the law. Now they are banned in Minnesota. Here is what you need to know: What is a Non-Compete Agreement? A Non-Compete Agreement is any agreement that prevents an employee from obtaining certain employment following termination. It includes prohibitions on working in a particular capacity or for particular employers/competitors in a specified geographic region and/or for a specified amount of time. Did Minnesota Ban Non-Compete Agreements? Yes. Employers may no longer enter into Non-Compete Agreements with their employees or independent contractors. When does the ban take effect? The new law... Read More
Just the FAQs: Earned Sick and Safe Time
Effective January 1, 2024, Minnesota employers must provide employees with paid time off, which can be used for certain reasons, such as sickness of the employee or a family member or to seek assistance if the employee or a family member has experienced domestic abuse. Here is an overview of the new law. Who must provide Earned Sick and Safe Time? All Minnesota businesses with one or more employees must provide their employees with Earned Sick and Safe Time. Who is eligible for Earned Sick and Safe Time? Any employee who performs work for at least 80 hours in a... Read More
Unsolicited comments about an employee to other employers could give rise to defamation claims.
On January 30, 2023, in Abdul-Haqq v. LaLiberte, the Minnesota court of appeals held that “Minnesota law does not recognize a qualified privilege for defamatory statements made while dispensing unsolicited career advice.” There, LaLiberte contracted with Liam Hawkins as a sales representative for a storm-damage repair company. Several years later, Hawkins contracted with a company associated with Abdul-Haqq. LaLiberte subsequently sent several texts messages to Hawkins that disparaged Abdul-Haqq so that Hawkins could make an informed decision about working for Abdul-Haqq. Abdul-Haqq then sued LaLiberte, alleging the statements in LaLiberte’s text messages were defamatory. A jury awarded $300,000 in damages... Read More
Court of Appeals protects specific gifts of real property from an estate.
On December 12, 2022, in In re Estate of Zych, the court of appeals held that the “personal representative of an estate may not sell real property that the testator has specifically devised by will.” Stanley Zych left his farmland to four sons, certificates of deposit to three daughters, and the remainder of his property was left to all seven children. Prior to his death, several of his assets were mismanaged for over a decade by three of his children. As a result of the mismanagement, the district court found that the three children owed significant sums to the estate,... Read More
What is a Recognition of Parentage?
A Recognition of Parentage (“ROP”) is a document signed by non-married parents of a child. Often, this form is signed at the hospital after the birth of the child, and it is then filed with the Minnesota Department of Health, Office of Vital Records. A ROP establishes a legal relationship between a child and the father, and it is an informal process that does not involve going to court. Moreover, it allows the father’s name to be on the birth certificate and it creates certain legal rights and responsibilities for the father, mother, and child. A ROP can be filled... Read More
Evictions: Protections Over
On June 29, 2021, the State of Minnesota enacted a law, Minnesota Session Laws 2021, 1st Special Session, Chapter 8 H.F. No.4, Article V, which phased out the COVID-19 based moratorium that suspended evictions and landlord-initiated lease terminations since March of 2020. The moratorium has now ended, and landlords can now file evictions for any legal reason. Most common reasons are nonpayment of rent or violation of the lease. Contact Attorney Andrew Moeller, who has won several evictions cases, for a free consultation. Mr. Moeller may be reached at 507-625-2525 or via email.
Minnesota Court of Appeals Clarifies When Self-Defense May Be Claimed
Self-Defense is often thought of as a way to protect yourself from harm. If someone attacks you in some way, you may be justified in using self-defense to stop the attack, and you may not be held liable for any harm that occurs to the attacker. “Reasonable use of force” may be authorized in these situations. But what if there is no attack against you: can you still use self-defense? According to a recent opinion by the Minnesota Court of Appeals, the answer is “yes.” In State v. Lampkin, the defendant was charged with domestic assault after he pushed his... Read More
Minnesota Supreme Court Protects Sex Assault Victims’ Privacy Rights
The Minnesota Supreme Court recently reinforced the privacy rights of sexual abuse victims. In In re Hope Coalition, the court held that a criminal defendant’s interest in obtaining the records of a sexual assault victim’s counselor for the purposes of developing his defense did not overcome a statutory protection in Minn. Stat. § 595.02, subd. 1(k), which “creates a privilege for sexual assault counselors.” In sum, the court held that the statutory privacy protection “cannot be pierced in criminal proceedings without the victim’s consent.” The statute did “not permit disclosure of privileged records in a criminal proceeding, even for in camera... Read More