October 13, 2019 by Bryan R. Battina

Arbitration is intended to avoid traditional courtroom experiences. At times, however, courts become involved if parties must be compelled into the arbitration process.  At other times, courts become involved to confirm an arbitration award after the arbitration process has concluded.  A pair of recent decisions from U.S. District Court of Minnesota help to clarify the […]

September 29, 2019 by Trepanier MacGillis Battina P.A.

In McGuire v. Bowlin, — N.W.2d — (Minn. 2019), the Minnesota Supreme Court decided that Nathan C. McGuire, a former head coach of the girl’s basketball program at Woodbury High School, was not a “public figure” for purposes of determining the standard for a defamation claim he asserted against certain parents of players on the […]

March 28, 2019 by V. John Ella

The Personal Care Assistance (“PCA”) and home health care industry has been rewarding for owners of PCA agencies in Minnesota, some of whom are first-generation immigrants serving a particular demographic or immigrant community. A perfect storm of regulatory changes, however, is making this line of business increasingly challenging. Because Minnesota PCA businesses bill the state’s Medicaid […]

March 27, 2019 by Craig W. Trepanier

What is the Minnesota Agricultural Equipment Dealership Act? The Minnesota legislature has adopted the Minnesota Agricultural Equipment Dealership Act, Minn. Stat. § 325E.061, et seq. (the “Act” or “MAEDA”), which provides special legal protections to dealers of agricultural equipment. Under the Act, dealers may bring legal action against a manufacturer that violates the Act’s provisions. […]

March 17, 2019 by James C. MacGillis

The Minnesota Court of Appeals issued a decision in the case of Roberts v. HydraMetrics, LLC, No. A18-0390, (Minn. Ct. App. 2019) that addressed a shareholder’s claim that he had an expectation of lifetime employment with the Minnesota company for which he worked.  The decision both clarifies and criticizes a well-known 1992 Court of Appeals decision that was originally […]

March 17, 2019 by Craig W. Trepanier

Generally, employers who are considering obtaining background information in order to make personnel decisions should use credit checks only when credit information is job-related and can be shown to be a business necessity.  For instance, a credit check may be permissible when there is a close relationship between credit information and job performance, like in employment positions that involve employees handling […]

March 7, 2019 by V. John Ella

When one or more of your employees resign to join a competitor or start a competing business you need to quickly evaluate your legal rights to prevent unfair competition that could injure your company. Step One – Have Signed Non-Competes in Place for Key Employees You cannot enforce a non-compete if you do not have […]

March 6, 2019 by Nathan R. Snyder

A recent decision from the United States Court of Appeals for the Eighth Circuit provides insight as to integration of Minnesota employment agreements and forum selection clauses for claims asserted under an agreement executed as part of a package of other agreements that form the basis of an employee’s offer of employment. In Medtronic v. […]

January 27, 2019 by V. John Ella

Plaintiffs in non-compete cases often seek an injunction to prevent a former employee from breaching his or her agreement and causing irreparable harm.  Most non-competes, and most injunctions in these types of cases, have a duration of one to perhaps two years at the most.  Because it can often take a year or more to […]