Life is a Circular Thing: Eighth Circuit BAP Finds Creditors’ New Value Contributed By Other Creditors
Faced with a result that would compel a business debtor’s creditors to make a significant repayment to the debtor’s bankruptcy estate as a result of a preference claim, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) recently reversed a Minnesota bankruptcy court’s calculation of creditors’ “new value” credits. In Stoebner v. San Diego Gas […]
Employee Voting Rights
As Election Day draws near, employers should take a moment to brush up on the voting rights of their employees. Minnesota employees have the right to be absent from work to vote on Election Day without penalty or deduction from their salary or wages. The laws regarding Election Day leave differ somewhat under Wisconsin, Iowa, […]
Craig W. Trepanier Presents “Developments in Minnesota Sales Representative Laws” for MSBA
On October 31, 2012, Craig W. Trepanier will present a program entitled “Developments in Minnesota Sales Representative Laws” for the Minnesota State Bar Association (MSBA) Labor & Employment Law Section. The program is available via webcast for viewing by attorneys. Whether your law firm represents sales representatives, principals or manufacturers, this webcast will provide you […]
Defamation Claims Not Preempted by the MHRA
The Minnesota Human Rights Act (“MHRA”) contains a provision making its procedures the exclusive remedy for violations giving rise to liability under the statute. In Walker v. Wanner Engineering, Inc., 867 F. Supp. 2d 1050 (D. Minn. 2012), an employer argued that a former employee’s defamation claim was preempted by the MHRA exclusivity provision. The […]
James C. MacGillis Named to LRIS Oversight Committee
Attorney James C. MacGillis has been appointed to the Lawyer Referral Service and Information (LRIS) Oversight Committee by the Hennepin County Bar Association. The LRIS Oversight Committee focuses on the general policies, specific procedures, and other practical issues of the LRIS and the related direct legal service programs of the bar association that provide low bono […]
NLRB Upholds Employee Termination Due to Mocking Facebook Posts
Recently, the National Labor Relations Board (“NLRB”) issued its first published decision upholding the termination of an employee based on unprotected Facebook postings. See Knauz Motors, Inc., 358 N.L.R.B. 164 (2012). The NLRB held that an employee’s mocking postings on Facebook concerning an accident that occurred on a car dealership lot were not protected under […]
Minnesota Court of Appeals Analyzes Statute of Limitations for Wrongful Termination Claims Under DATWA
*Update: Following publication of this article, in July of 2013, the Minnesota Supreme Court reversed the Minnesota Court of Appeals’ decision and held that wrongful termination claims under DATWA are subject to a six-year statute of limitations. Click here to read our article discussing the Minnesota Supreme Court decision. Because of the reversal, the information […]
Duty-of-Loyalty Claims in Minnesota
NOTE: This article was originally published in the October 2011 issue of Bench & Bar of Minnesota and has not been updated. Society has an interest in encouraging entrepreneurial employees to launch new businesses and also to ensure that those same employees perform their duties to their employers in good faith. Apart from the strictures […]
$1 Million Jury Verdict Reversed in Tubby Smith and U of M Litigation
In a closely watched decision the Minnesota Supreme Court recently reversed a $1,000,000 jury verdict against the University of Minnesota (“U of M”) and head basketball coach Orlando Henry Smith (commonly known by his nickname “Tubby Smith”). The Court held that under the specific circumstances of this case, prospective assistant coach James R. Williams (“Williams”) […]
Minnesota Conciliation Court Jurisdictional Limit Increases to $10,000
Effective August 1, 2012, the jurisdictional limit in Minnesota Conciliation Court (Small Clams Court) has been increased to $10,000.00 for general claims. The limit for consumer credit transactions remains capped at $4,000.00. The jurisdictional limit for general claims will increase to $15,000.00 effective August 1, 2014. See Minn. Stat. § 491A.01, subd. 3, as amended. […]