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
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
State may be liable for shut downs of business
The Minnesota Supreme Court left open a narrow door for potential claims against the State for economic losses suffered by businesses from COVID related shutdowns. In Buzzell v. Walz, the plaintiff sued for damages over the shutdown of his wedding venue and restaurant. The court addressed a remedial provision of the emergency powers law, Minn. Stat. Ch. 12, which provides that an “owner of commandeered property must be promptly paid just compensation for its use and all damages done to the property while so used for emergency management purposes.” The court held that, for property to be “commandeered” so as to... Read More
Minnesota Court of Appeals Decides Liability Waiver Issue
In Justice v. Marvel, LLC, A20-1318 (Minn. App. July 19, 2021), the court of appeals decided several issues related to the enforceability of liability waivers. First, the court held that a “parent is authorized to sign, on behalf of his or her own minor child, an exculpatory clause that releases a negligence claim against a third-party.” The court further held that if “the exculpatory clause is valid and enforceable, it is binding on the child after the child becomes an adult.” Second, the court held that an “exculpatory clause that is overly broad because it purports to release claims of... Read More
Minnesota Court of Appeals Decides Privacy Case
In Smallwood v. State, A21-0001 (Minn. Ct. App. Aug. 23, 2021), the court of appeals decided several issues effecting privacy claims. The case concerned a hacker accessing a Minnesota Department of Human Services e-mail account. Smallwood, who was civilly committed to the state sex-offender program as a sexually dangerous person, was informed that his private information may have been accessed. He sued the state arguing that this caused him emotional and economic harm. Smallwood’s first claim against the state was for violation of the Minnesota Government Data Practices Act. The district court dismissed this claim at the outset for failing... Read More
Requirements for Triggering Pre-Verdict Interest
On January 11, 2021, in Blehr v. Anderson, the court of appeals clarified the requirements for triggering pre-judgment interest under Minn. Stat. 549.09. Section 549.09 allows pre-verdict interest “from the time of the commencement of the action…or the time of a written notice of claim, whichever occurs first.” Often, claimants will send a written letter to the defendant or insurance company prior to making a demand or commencing suit to ensure pre-verdict interest begins to accrue during the investigatory and pre-litigation phase of a claim. Prior to Blehr, debates occurred over what information was sufficient for a pre-suit letter to... Read More
Update on Expert Witness Requirements in Malpractice Claims
Minn. Stat. § 544.42 generally requires that claimants, who are bringing negligence or malpractice claims against various types of professionals, provide expert testimony establishing the elements of their claim. Claimants may try to avoid this requirement by rebranding their claims as something other than negligence. In Mittelstaedt v. Henney, decided January 4, 2021, the claimant sued his attorney for “breach of fiduciary duty.” The claimant argued that section 544.42’s expert review requirements did not apply because the claim was not for “negligence” or “malpractice.” The court disagreed. It compared the underlying elements of negligence and breach of fiduciary duty claims... Read More
Minor Settlements
Farrish Johnson attorneys Scott Kelly and Daniel Bellig recently secured several settlements for injuries to children arising from motor vehicle, snowmobile, and property accidents. Parents or guardians must bring personal injury claims on behalf of a minor child and all minor settlements must be court approved. Farrish Johnson will work with you to secure the best possible settlement of your child’s claim, including submitting the claim to the proper insurance companies, assisting with payment of medical bills and medical liens, and obtaining court approval of any settlement. If your child has been injured by another’s negligence, let Farrish Johnson’s personal... Read More
Personal Injury Attorneys
Farrish Johnson attorney Daniel Bellig recently obtained an excellent settlement in a car versus motorcycle accident. The plaintiff alleged that the driver of the car failed to yield the right of way to his oncoming motorcycle by making a left hand turn across the motorcycle’s lane of traffic. The car crushed the plaintiff’s leg against his motorcycle. His injuries ultimately required a below the knee amputation of the crushed leg. If you have been seriously injured by another’s negligence, Farrish Johnson’s personal injury attorneys can assist you with resolving medical bills, obtaining economic loss benefits, and securing pain and suffering... Read More