In 1993, President Bill Clinton signed the Family and Medical Leave Act of 1993 (“FMLA”) into law. At this point in time, the United States workforce was experiencing large growth and many new workers were women. The FMLA was designed to provide relief to employees who intended to raise a family or needed time off […]
Minnesota Court of Appeals Affirms Revocation of Professional Licenses
In a rare case of a professional licensee challenging a determination by a professional licensing board, the Minnesota Court of Appeals affirmed the determination by the Minnesota Board of Nursing (“Nursing Board”) to revoke a Minnesota nurse’s registered nurse (RN) license as well as her advanced practice registered nurse (APRN) license. In the Matter of Sharon Beth […]
Minnesota Supreme Court Holds a Non-Compete Agreement Cannot Mandate an Injunction
In St. Jude Med., Inc. v. Carter, 913 N.W.2d 678 (Minn. June 27, 2018), the Minnesota Supreme Court was asked to decide whether an injunction was mandatory in a non-compete dispute when the terms of the non-compete agreement stated that the employer was entitled to an injunction if the employee breached the agreement. The Court […]
Clarifying an Employment Agreement
Ambiguities in contracts breed litigation. Recently, the United States District Court for the District of Minnesota issued a ruling in Riddle v. Geckobyte.com, Inc. concerning the ambiguity and vagueness of the parties’ employment contract. The decision demonstrates how unclear contracts keep parties in court and out of business. Background of the Dispute Plaintiff Jeffrey Riddle […]
Count of Breach of Implied Covenant of Good Faith and Fair Dealing Survives Dismissal in Claim for Payment for Stock Ancillary to Employment Agreement
A recent decision from U.S. District Court in the District of Minnesota provides some guidance as to when a plaintiff may assert a claim of breach of implied covenant of good faith and fair dealing under Minnesota law even if the claim is tangential to an employment relationship. In Hampton v. Koehler, No. 18-541 (DWF/TNL) […]
Minnesota’s Merger, Conversion, and Domestication of Business Entity Laws Revised
On April 30 2018, Minnesota Governor Mark Dayton signed into law H.F. No. 2764 as Session Laws Chapter No. 103 (the “Act”). Previously, the Act was unanimously approved by both the Minnesota House and Senate. The adoption of the Act, like the Revised Minnesota Limited Liability Company Act, brings Minnesota business law more in line […]
Playing Defense: How Trademark Protection Can Enhance and Protect Your Brand
Many people may know that the use of the term Super Bowl® is protected by the National Football League (NFL®) . Professional football actually provides many examples of the use of trademarks to protect valuable brands. The Minnesota Vikings® and Philadelphia Eagles® – both registered trademarks in their own right – applied for trademark protection for slogans used […]
Federal Consumer Review Fairness Act Bars Non-Disparagement Clauses in Consumer Contracts
In this age of internet trolls, Yelp, Facebook, and Google reviews, businesses may be tempted to consider requiring customers to sign non-disparagement clauses in standard contracts so as to prevent harm to their commercial reputation from negative on-line posts and reviews. This practice was increasingly common up through 2016. That year, however, Congress passed and President […]
Minnesota Employment Agreement Claim Reversed, Remanded by Eighth Circuit
A judgment in favor of a terminated employee to the tune of one million dollars on his claim of breach of a five-year employment agreement was reversed by a panel of the Eighth Circuit Court of Appeals and sent back for further review in Qwinstar Corporation v. Anthony, 882 F.3d 748 (8th Cir. 2018). The Qwinstar case serves as an instructive example of […]
Minnesota Court of Appeals Clarifies Scope of Qualified Privilege Defense to Defamation Claims
In Maethner v. Someplace Safe, Inc., No. A17-0998 (Minn. Ct. App. Feb. 12, 2018), the Minnesota Court of Appeals held that defamatory statements about criminal conduct by the plaintiff made by an award recipient at a fundraising banquet and in an article published for fundraising purposes was not protected by a qualified privilege. The appellant, […]
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