U.S. Department of Labor Releases New FMLA Forms
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 […]
Breach of Contract Judgment Reversed: Minnesota Supreme Court Holds that Whether a Contract is “Ambiguous” is not a Question for the Jury
The Minnesota Supreme Court decided two fundamental questions related to how breach of contract claims are tried to a jury in Staffing Specifix, Inc. v. Tempworks Management Services, Inc., 913 N.W.2d 687 (Minn. 2018). The dispute between two staffing companies arose regarding the calculation of a buy-out fee. The district court ruled in a motion […]
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 […]
TMB Attorneys Named as Super Lawyers, Rising Star
Four Trepanier MacGillis Battina attorneys have been selected for inclusion in the 2018 edition of Minnesota Super Lawyers ® magazine. TMB shareholder James C. MacGillis has been named as a Super Lawyer in the area of Business/Corporate Law. TMB shareholders Craig W. Trepanier and V. John Ella have been named Super Lawyers in the areas […]
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 […]
Supreme Court Ruling Set to Increase Minnesota Tax Revenue by up to $200 Million
On June 21, 2018, the United States Supreme Court overturned Quill Corp v. North Dakota, which prohibited states from collecting sales tax on sales made over the internet. Under this previous holding, online retailers, without a physical presence in the state, were not required to collect sales tax on transactions made with citizens of the […]
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) […]
TMB To Hold Open House
Trepanier MacGillis Battina P.A. will be holding an open house on Wednesday, May 30, 2018 from 4:00 pm to 8:00 pm at 8000 Flour Exchange Building, 310 Fourth Avenue South, Minneapolis, MN 55415. The firm is celebrating its 15th year of business and showing off its expanded and renovated office space. Hors d’oeuvres and beverages […]
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 […]