Court Holds That Directors Owe Fiduciary Duties to Creditors of Insolvent Corporation
The Minnesota Court of Appeals affirmed a Ramsey County District Court ruling that a corporate director violated the Minnesota Uniform Fraudulent Transfer Act (“MUFTA”) when she transferred proceeds from the sale of real estate to herself as a judgment lien holder, instead of satisfying corporate creditor obligations. In Alerus Financial, Nat. Ass’n v. Martin Holdings, […]
Employer Liability for Negligent Supervision Under Minnesota Law
Under Minnesota law, employers can be held liable for injury or death caused by their employees if the employer was negligent in supervising the employee and the employee was acting within the scope of his or her employment when the injury occurred. Because of this liability, it is critical for Minnesota employers to carefully monitor […]
DOT Driver Qualification Rules for Commercial Drivers Explained
In order to avoid claims for negligent hiring, negligent retention, negligent supervision, and negligent entrustment, Minnesota motor carriers should take proactive steps to ensure the hiring and retention of qualified drivers. This starts with ensuring that all commercial drivers comply with U.S. Department of Transportation (“DOT”) driver’s qualification rules promulgated by the Federal Motor Carrier […]
Trepanier & MacGillis and Battina Law Are Joining Forces
Trepanier & MacGillis P.A. and Battina Law, PLLC today announce the combination of their two law firms. The consolidation of the firms substantially expands Trepanier & MacGillis’s corporate, transactional, and employment law practices and Battina Law’s commercial litigation practice. The new firm will be known as Trepanier MacGillis Battina P.A. The combination of the law […]
Employer Liability for Negligent Retention Under Minnesota Law
Under Minnesota law, employers can be held liable for injury or death caused by their employees if the employer was negligent in retaining the employee after the employer knew, or should have known, that the employee was unfit and posed a risk to others. Because of this liability, it is critical for Minnesota employers to […]
DOT Job Applications for Commercial Drivers Explained
In order to avoid claims for negligent hiring, negligent retention, negligent supervision, and negligent entrustment, Minnesota motor carriers should take proactive steps to ensure the hiring and retention of qualified drivers. This starts with using a job application compliant with U.S. Department of Transportation (“DOT”) regulations promulgated by the Federal Motor Carrier Safety Administration (“FMCSA”). […]
Craig W. Trepanier Recognized in 2013 Super Lawyers Magazine
For the fifth straight year, attorney Craig W. Trepanier, co-founder and President of Trepanier & MacGillis P.A., was selected for inclusion in the 2013 Minnesota Super Lawyers® magazine in the area of Labor & Employment Law. Craig W. Trepanier has been named by Minnesota Super Lawyers® magazine as one of the top attorneys in Minnesota […]
Craig W. Trepanier Speaks at Minnesota Safety & Loss Control Conference
On October 2, 2013, Trepanier MacGillis Battina P.A. attorney Craig W. Trepanier spoke about motor carrier liability for trucking accidents and mitigating the risk of liability for negligence claims. Craig provided an overview of the different theories of liability recognized in Minnesota, including negligent hiring, negligent retention, negligent supervision, and negligent entrustment of a motor […]
New Notice Requirements for Employers Under the ACA
The Affordable Care Act (“ACA”), often referred to as “ObamaCare,” requires employers to inform their employees of health insurance options that are available under the new healthcare law. All employers that are subject to the Fair Labor Standards Act (“FLSA”) must send notice to employees – regardless of whether or not the employer offers a […]
Employer Liability for Negligent Hiring Under Minnesota Law
Under Minnesota law, employers can be held liable for injury or death caused by their employees if the employer was negligent in hiring the employee in the first place. Because of this liability, it is critical for Minnesota employers to carefully screen job applicants, especially those who could injure coworkers or members of the public […]