Agreements to Agree: Are They Enforceable?
Eighth Circuit Clarifies When “Letters of Intent” Are Enforceable Under Minnesota Law Companies often use and characterize documents as “Letters of Intent” or “Letters of Agreement” in the course of negotiating. The wording of such documents will determine whether the document constitutes a binding contract or merely an “agreement to agree”—something Minnesota courts will not […]
Settling for an Unsecured Judgment May Be Unsettling
Minnesota Company Learns a Hard Lesson About Accepting a Payment Plan Without Obtaining a Security Interest The Minnesota Court of Appeals recently ruled against an unsecured creditor’s claim that a debtor violated the Minnesota Fraudulent Transfer Act in assigning all of its assets to a secured entity without first satisfying the creditor’s claim. The ruling […]
Seventh Circuit Expands Protection of Confidential Information
Now is a Good Time To Update Your Non-Disclosure Agreements In a decision favorable to businesses attempting to protect their commercially valuable information, the Seventh Circuit Court of Appeals recently upheld a company’s non-disclosure agreement designed to protect information that falls short of a “trade secret.” A federal district court in Wisconsin previously found the […]
Eighth Circuit Enforces Unread Union Contract Against Employer
“Read First, Sign Second” . . . By Guest Author Joseph G. Schmitt, Esq. Nilan Johnson Lewis P.A. Canadian Pacific Plaza 120 South Sixth Street, Suite 400 Minneapolis, MN 55402 Telephone: 612.305.7577 E-Mail: jschmitt@nilanjohnson.com The Eighth Circuit Court of Appeals recently reminded employers of the importance of reading union agreements before signing on the dotted […]
Court Rules That Employer Did Not Regard Plaintiff as “Disabled” Under ADA Despite Erroneous IME
Eighth Circuit Upholds Dismissal of ADA Claim Against Employer Who Rejected Applicant With Erroneous 30-Pound Lifting Restriction In Conant v. City of Hibbing, No. 00-4046 (8th Cir. Nov. 26, 2001), the Eighth Circuit Court of Appeals upheld the dismissal of a claim under the Americans with Disabilities Act (ADA) against an employer who rejected a […]
Court Says “Stay Home” to Employees on FMLA Leave Who Can’t Do Their Jobs
Eighth Circuit Holds That Only “Qualified” Employees Are Entitled to Intermittent FMLA Leave In Hatchett v. Philander Smith College, 251 F.3d 670 (8th Cir. Feb. 14, 2001), the Eighth Circuit Court of Appeals decided a very important question under the Family & Medical Leave Act (FMLA). The court held that employees are not entitled to […]