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Notes & Trends – August 2018

Commercial and Consumer Law JUDICIAL LAW • Alternative dispute resolution. Arbitration agreements in both consumer and commercial contracts are common and provide in many circumstances both a cheaper and a more rewarding and efficient method of dispute resolution than does litigation. Not surprisingly, trial lawyers may prefer litigation, and some individuals may later seek to evade the […]

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Notes & Trends – July 2018

ADMINISTRATIVE LAW JUDICIAL LAW • Data Practices Act; ‘substantial evidence’ standard of review. In an important case under the Minnesota Government Data Practices Act, the Minnesota Supreme Court held that the ‘substantial evidence’ standard of review applies to data practices disputes heard by administrative law judges and clarified the act’s requirement that data requests be handled […]

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Notes & Trends – May/June 2018

CIVIL PROCEDURE JUDICIAL LAW • Minn. R. Civ. P. 25.01; dismissing appeal for lack of jurisdiction. Plaintiff was convicted of multiple counts of first degree-murder following a jury trial. In 2014, plaintiff filed an “Amended Petition for Post-Conviction Relief” arguing newly discovered DNA evidence placed an alternative suspect at two crime scenes. During the pendency of […]

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Notes & Trends – April 2018

COMMERCIAL AND CONSUMER LAW JUDICIAL LAW • When does the clock run and who has what rights? In Trebelhorn v. Agrawal, 94 U.C.C. Rep. Serv. 2d 241, 2017 WL 5560063 (Minn. Ct. App. 2018), the court had to decide whether the statute of limitations in Uniform Commercial Code Article 2, which applies to sales of goods (§ 2-725), […]

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Notes & Trends – March 2018

CRIMINAL LAW JUDICIAL LAW • Expungement: Two- and four-year conviction-free period must occur between discharge of sentence and filing of petition. Appellant was convicted in 2000 of misdemeanor and gross misdemeanor harassment restraining order violations. In 2002, he was convicted of third-degree DWI. He filed petitions to expunge the HRO convictions in 2015. At issue […]

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Notes & Trends – February 2018

Commercial and Consumer Law JUDICIAL LAW • Care pays. Article 9 of the Uniform Commercial Code is a complex statute where slight mistakes can unfortunately turn a secured creditor into an unsecured one, and perhaps one without any prospect of recovery at all. To illustrate, consider Cornelius v. Bank of Nova Scotia, 93 U.C.C. Rep. Serv. […]

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Notes & Trends – January 2018

ADMINISTRATIVE LAW JUDICIAL LAW • Minnesota Supreme Court upholds DHS disqualification “set aside” decision despite contrary ALJ recommendation. A divided Minnesota Supreme Court upheld a decision by DHS to maintain a daycare provider’s disqualification for financial misconduct, despite an ALJ’s recommendation that the disqualification be set aside because the provider did not pose a danger to […]

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Notes & Trends – December 2017

CRIMINAL LAW JUDICIAL LAW • Sentencing: Zone of privacy aggravating factor applies to individual who commits murder after being invited into another’s home. Appellant was charged with, among other offenses, second-degree intentional murder, for shooting the victim in the forehead in the victim’s home, after the victim, who was armed with a firearm, made a sudden […]

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Notes & Trends – November 2017

COMMERCIAL AND CONSUMER LAW ADMINISTRATIVE ACTION • Regulation CC changes; DFPB on overdrafts. Despite the recent proliferation in alternative payment platforms (from Venmo to prepaid cards to Bitcoin), checks and checking accounts remain central to transactions in the American economy. According to the 2016 Federal Reserve Payments Study, as of 2015, checks and debit card transactions […]

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Notes & Trends – October 2017

BANKRUPTCY JUDICIAL LAW • Stay preferred to dismissal in abstention cases. This appeal arises out of the collapse of Thomas Petters’s massive Ponzi scheme and subsequent bankruptcy cases. PCI filed bankruptcy in 2008 after the collapse of the scheme. Ritchie was a major investor. Petters Company, Inc. (PCI) had a banking relationship with M&I Bank […]

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