June 28, 2020 by V. John Ella

Introduction The publication of a false statement that harms a business may addressed in litigation through tort claims other than common law defamation. In the realm of business torts, false statements about the goods or services of a commercial enterprise are sometimes referred to as “trade defamation” or “trade libel.” Many states use the term […]

June 20, 2020 by James C. MacGillis

Settling years of contentious litigation that followed Minneapolis’ adoption of a sick and safe time ordinance, the Minnesota Supreme Court ruled in June 2020 that the city’s ordinance (i) was not preempted by state law, and (ii) did not violate the extraterritoriality doctrine.  The decision means that not only are Minneapolis-based employers responsible for tracking […]

June 10, 2020 by V. John Ella

Introduction The Minnesota Supreme Court has weighed in on whether claims of sexual harassment under state law should continue to be analyzed under the “severe or pervasive” standard of review developed by federal courts ruling on sexual harassment claims under Title VII of the 1964 Civil Rights Act. The state’s highest tribunal ultimately declined to […]

May 30, 2020 by V. John Ella

Introduction The Eighth Circuit Court of Appeals has affirmed a district court order dismissing a public accommodation claim under Title III of the Americans with Disabilities Act (“ADA”) as moot because the defendant remedied the alleged violations. Hillesheim v. Holiday Stationstores, Inc., 953 F.3d 1059 (8th Cir. 2020).  The decision in Hillesheim is important because […]

May 14, 2020 by V. John Ella

As employers bring employees back to work and attempt to navigate the difficulties of keeping their workplaces safe and sanitary, many employers are concerned about potential liability if an employee or customer contracts the Coronavirus.  At the same time, many Minnesota workers are wrestling with their own confusion as to whether they must return to […]

April 3, 2020 by Nathan R. Snyder

The spread of COVID-19 has rocked the economy on a global scale and significantly affected Minnesota small businesses.  As the lifeblood of many communities, small-business owners may be wondering how they will meet payroll, pay rent, and stay afloat during these turbulent times. Thankfully, both the federal government and State of Minnesota have enacted legislation […]

March 29, 2020 by V. John Ella

The two-trillion dollar Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” signed into law on March 27, 2020 includes $500 billion for loans to distressed businesses. Title IV of the CARES Act, the Coronoavirus Economic Stabilization Act of 2020 (“CESA” or “Act“), sets forth the requirements for companies to be eligible for this […]

March 19, 2020 by V. John Ella

The Families First Coronavirus Response Act (“FFCRA”) was passed by Congress and signed into law on March 18, 2020 in response to rapidly changing employment law conditions related to the COVID-19 pandemic. The Act takes effect on April 1, 2020 and lasts until December 31, 2020. The U.S. Department of Labor has already issued some […]

March 7, 2020 by James C. MacGillis

The commercial real estate market, like the residential real estate market, remains hot in the Twin Cities metropolitan area.  Whether apartment buildings, warehouse space, retail locations, restaurant sites, manufacturing facilities or offices, the steady demand for commercial space continues to generate significant opportunities for real estate investors as a result of the strong Minnesota economy […]

February 12, 2020 by V. John Ella

The law regarding non-compete agreements and other restrictive covenants for employees in Minnesota has been established by judges, not legislators, for over 100 years. Unlike some states, like Wisconsin, Minnesota does not have a statute that governs non-competes. Could that change in Minnesota? A New York Times article in 2017 noted that one out of […]