Minnesota Defamation Claims are not Tolled by the “Discovery Rule”
If you just discovered that you were defamed over two years ago your claim is barred. That was the holding by the Court of Appeals in Kerber v. Recover Health of Minnesota, Inc., No. A-22-0278 (Minn. Ct. App. Sept. 6, 2022). The pro se plaintiff in that case sued her former employer for discrimination and […]
Alabama Sales Representative Statutes
Minnesota sales representative attorney Craig W. Trepanier explains Alabama’s sales representative statutes. Call 612.455.0502.
Minnesota Invasion of Privacy Claim Found to be Properly Pled by Federal Court
Minnesota recognized the tort of invasion of privacy in 1998. Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231, 236 (Minn. 1998). There are three versions of the common law invasion of privacy tort under Minnesota law: (1) intrusion upon seclusion; (2) appropriation; and (3) publication of private facts. Since Lake, the number of reported court […]
Minnesota Professional Licensing Standards Clarified by Court of Appeals
The Minnesota Court of Appeals has clarified the standard for challenging the denial of a professional license under Minnesota law. In the Matter of the Short Call Teaching License Application of Jeronimo Yanez, 983 N.W.2d 89 (Minn. Ct. App. 2022). This case involved an individual who was prominent in the news in 2016. In his […]
Minnesota Human Rights Act Amended to Prohibit Discrimination Based on Natural Hair Texture or Style
On Wednesday, February 2, 2023, Minnesota Governor Tim Walz signed the CROWN Act banning discrimination based on a person’s natural hair texture or style into law. The CROWN Act stands for Creating a Respectful and Open World for Natural Hair and ensures that hair discrimination is legally included as a form of racial discrimination under […]
How Will Minnesota Non-Compete Law be Impacted by Proposed FTC Regulations
Introduction On January 5, 2023, the Federal Trade Commission (FTC) proposed a regulation that would ban the use of non-compete agreements nationwide. The proposal is an attempt by the FTC to enforce and apply existing anti-trust laws in a much more expansive manner. The Biden administration has been signaling a tough stance on non-competes for […]
Tortious Interference Elements Changed in Third Restatement of Torts
Restatements of the Law The Restatements of the Law are a set of treatises on legal topics meant to inform lawyers and judges about general principles of common law. They are published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. The Restatement Second included the elements of […]
TMB Attorneys Oberman and Ella to Speak at Non-Compete Seminar
TMB attorneys Jeffrey B. Oberman and V. John Ella are scheduled to speak on the topic of “Hiring an Employee with a Non-Compete Agreement” at the upcoming seminar “Drafting, Negotiating and Enforcing Non-Competes and Other Restrictive Covenants” hosted by Minnesota CLE. The Seminar will take place on Tuesday September 20, 2022 at the Minnesota CLE […]
Five TMB Attorneys Named as Super Lawyers for 2022
Sure Shots Trepanier MacGillis Battina P.A. ran the table this year. All five of its senior attorneys were recognized as Super Lawyers in 2022. Craig W. Trepanier represents closely held corporations, business owners and executives in the areas of business law, commercial litigation, employment law and non-competes. James C. MacGillis represents entrepreneurs and growing businesses […]
Minnesota Court of Appeals Upholds Jury’s Determination that an Oral Contract Was Enforceable Even When Pricing was Indeterminant
In a June 2022 non precedential opinion, the Minnesota Court of Appeals upheld a jury’s decision in Goldmount Veterinary Center, P.A. v. Watonwan County and Animal Humane Society that an oral contract existed between the parties for a veterinarian’s care and boarding of horses. As a result, the court let stand the jury’s verdict awarding […]