Introduction The Eighth Circuit Court of Appeals has affirmed a district court order dismissing a public accommodation claim under Title III of the Americans with Disabilities Act (“ADA”) as moot because the defendant remedied the alleged violations. Hillesheim v. Holiday Stationstores, Inc., 953 F.3d 1059 (8th Cir. 2020). The decision in Hillesheim is important because […]
Liability Concerns for Minnesota Employers Related to the COVID-19 Pandemic
As employers bring employees back to work and attempt to navigate the difficulties of keeping their workplaces safe and sanitary, many employers are concerned about potential liability if an employee or customer contracts the Coronavirus. At the same time, many Minnesota workers are wrestling with their own confusion as to whether they must return to […]
Small Business Loans Available to Minnesota Businesses During COVID-19 Pandemic
The spread of COVID-19 has rocked the economy on a global scale and significantly affected Minnesota small businesses. As the lifeblood of many communities, small-business owners may be wondering how they will meet payroll, pay rent, and stay afloat during these turbulent times. Thankfully, both the federal government and State of Minnesota have enacted legislation […]
Congress Limits Executive Compensation for Businesses Receiving Financial Relief Related to Coronavirus
The two-trillion dollar Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” signed into law on March 27, 2020 includes $500 billion for loans to distressed businesses. Title IV of the CARES Act, the Coronoavirus Economic Stabilization Act of 2020 (“CESA” or “Act“), sets forth the requirements for companies to be eligible for this […]
The Families First Coronavirus Response Act, Sick Leave, and Unemployment – What Minnesota Employers Need to Know
The Families First Coronavirus Response Act (“FFCRA”) was passed by Congress and signed into law on March 18, 2020 in response to rapidly changing employment law conditions related to the COVID-19 pandemic. The Act takes effect on April 1, 2020 and lasts until December 31, 2020. The U.S. Department of Labor has already issued some […]
How to Prepare to Sell Commercial Real Estate in Minnesota
The commercial real estate market, like the residential real estate market, remains hot in the Twin Cities metropolitan area. Whether apartment buildings, warehouse space, retail locations, restaurant sites, manufacturing facilities or offices, the steady demand for commercial space continues to generate significant opportunities for real estate investors as a result of the strong Minnesota economy […]
Minnesota Lawyer Article Regarding Defamation Case Quotes V. John Ella
A February 28, 22020 article by legal reporter Kevin Featherly in the Minnesota Lawyer, a weekly newspaper covering law and politics in Minnesota, quotes TMB Shareholder V. John Ella on the topic of Minnesota defamation law. The article, headlined simply, “Court of Appeals: MacDonald Loses” concerned a decision by the Minnesota Court of Appeals to […]
Minnesota Non-Compete Reform – Could the Law Change in 2020?
The law regarding non-compete agreements and other restrictive covenants for employees in Minnesota has been established by judges, not legislators, for over 100 years. Unlike some states, like Wisconsin, Minnesota does not have a statute that governs non-competes. Could that change in Minnesota? A New York Times article in 2017 noted that one out of […]
Twin Cities Business Quotes TMB Attorney V. John Ella in Article on “Backlash Against Non-Competes”
An article by Liz Fedor in the February 2020 issue of Twin Cities Business magazine entitled “Backlash Against Non-Competes – Is Minnesota Getting Ready to Restrict Their Applicability?” features commentary by V. John Ella that the “overuse of non-compete agreements has spawned ‘an incipient reform movement’” in Minnesota. The article discussed the increase in the […]
Doe Pleading – Can Litigants Remain Anonymous in Minnesota Defamation Lawsuits?
Parties in litigation may wish to keep certain pleadings or other documents out of the public eye or even keep their names off of publicly filed court documents altogether. For example, in defamation cases plaintiffs are often forced to re-publish false and defamatory statements about them when they file their complaint. Litigants in such cases […]
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