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Notes & Trends – July 2017

ADMINISTRATIVE LAW JUDICIAL LAW • State agency’s imposition of more stringent standards than required by federal program is arbitrary and capricious. The Minnesota Court of Appeals held that the Minnesota Department of Education (MDE) acted arbitrarily and capriciously when it subjected a nonprofit to more stringent financial viability requirements than required by the federal nutritional […]

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Notes & Trends – May/June 2017

COMMERCIAL AND CONSUMER LAW JUDICIAL LAW • Characterization is important. Uniform Commercial Code (UCC) Article 9 has long recognized that it is difficult in many instances to determine whether a transaction is legally a sale, or legally a secured transaction. Rather it punts and leaves the issue to the courts, but, as appropriate, it also largely […]

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Save the date: MSBA Tech Conference

Join the MSBA in Minneapolis on Monday, October 9, for this year’s Technology Conference to learn how new trends in technology are disrupting and reshaping the legal profession. This year’s conference will feature several prominent national speakers, including: Claude Ducloux, Director of LawPay Education; Kristen Sonday, COO and co-founder of Paladin; Ed Walters, CEO of […]

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Notes & Trends – April 2017

Commercial and Consumer Law JUDICIAL LAW • Precision is required. Uniform Commercial Code (UCC) §9-406, as a general rule, protects the account debtor on an account, chattel paper or a payment intangible (see UCC §3-602 for the negotiable instrument rule) by allowing the discharge of the payment obligation by paying the assignor in the event of an […]

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Notes & Trends – March 2017

BANKRUPTCY JUDICIAL LAW • Debtor qualification for a repayment program payment of $0.00 does not constitute an ability to pay as a matter of law. Debtor sought to discharge student loan debt which totaled in excess of $27,000 as an “undue hardship” under 11 U.S.C. §523(a)(8). The U.S. Department of Education appealed the decision of the […]

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Notes & Trends – February 2017

COMMERCIAL AND CONSUMER LAW JUDICIAL LAW • An additional focus? The Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691 et seq., implemented by Regulation B, 12 CFR Part 1002, was enacted to promote the availability of credit to all creditworthy applicants without regard to race, color, religion, national origin, sex, marital status, age (if the applicant […]

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Notes & Trends – January 2017

BANKRUPTCY LAW JUDICIAL LAW • District court affirms order denying substantive consolidation. The Unsecured Creditor’s Committee in the Chapter 11 bankruptcy case of the Archdiocese of St. Paul and Minneapolis sought to substantively consolidate the debtor with a number of entities, including 187 separately incorporated parishes, various high schools, and other targeted entities, on behalf […]

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Notes & Trends – December 2016

Current developments in judicial law, legislation, and administrative action together with a foretaste of emergent trends in law and the legal profession for the complete Minnesota lawyer. COMMERCIAL AND CONSUMER LAW JUDICIAL LAW • History repeats itself. Ever since the Uniform Commercial Code wrote a statute of frauds into the code, there has been debate over […]

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Notes & Trends – November 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. BANKRUPTCY JUDICIAL LAW • Daily “pay to stay” charge assessed by Dakota County Sheriff is not subject to the 11 U.S.C. § 523(a)(7) exception and is dischargeable. As […]

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Notes & Trends – October 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. Commercial & Consumer Law JUDICIAL LAW • Commercially reasonable disposition of collateral. Perhaps no more litigated issue under Uniform Commercial Code Article 9 exists than whether a disposition of […]

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