Minnesota Case Commentaries

Employment Misconduct in Aviation: Implications of Alcohol Policy Violations on Unemployment Benefits

Date: Aug 6, 2008

Employment Misconduct in Aviation: Implications of Alcohol Policy Violations on Unemployment Benefits Introduction The case of Gregory S. Peterson v. Northwest Airlines Inc. addresses critical issues...

STATE v. JONES: Affirmation of Conviction and Implications for Prosecutorial Misconduct and Marital Privilege Waiver

Date: Aug 1, 2008

STATE v. JONES: Affirmation of Conviction and Implications for Prosecutorial Misconduct and Marital Privilege Waiver Introduction State of Minnesota v. Kent Richard Jones is a pivotal case...

Supreme Court Clarifies Prosecutorial Conduct in Closing Arguments: State v. McCray

Date: Aug 1, 2008

Supreme Court Clarifies Prosecutorial Conduct in Closing Arguments: State v. McCray Introduction The case of State of Minnesota v. Charles Howard McCray II (753 N.W.2d 746) presents a significant...

Minnesota Supreme Court Establishes Single-Factor Exigent Circumstances for Warrantless Blood Draws in DUI Cases

Date: Jul 15, 2008

Minnesota Supreme Court Establishes Single-Factor Exigent Circumstances for Warrantless Blood Draws in DUI Cases Introduction The case of State of Minnesota v. Janet Sue Shriner, reported at 751...

Minnesota Supreme Court Sets Rigorous Standards for Vehicle Impoundment and Inventory Searches in STATE v. Gauster

Date: Jul 11, 2008

Minnesota Supreme Court Sets Rigorous Standards for Vehicle Impoundment and Inventory Searches in STATE v. Gauster Introduction In the landmark case STATE of Minnesota v. Steven Allen Gauster, 752...

Reaffirming Standards for Palpable Unfitness and Reasonable Rehabilitative Efforts in Parental Rights Termination

Date: Jul 3, 2008

Reaffirming Standards for Palpable Unfitness and Reasonable Rehabilitative Efforts in Parental Rights Termination Introduction The Supreme Court of Minnesota's decision in In the Matter of the...

Reevaluation of Sentencing Departures: Analysis of State of Minnesota v. Kel

Date: May 31, 2008

Reevaluation of Sentencing Departures: Analysis of State of Minnesota v. Kel Introduction State of Minnesota v. Kel, 749 N.W.2d 353 (Minn. 2008), is a pivotal case adjudicated by the Supreme Court of...

Supreme Court of Minnesota Adopts Ellerth/Faragher Standard for MHRA Sexual Harassment Claims

Date: May 31, 2008

Supreme Court of Minnesota Adopts Ellerth/Faragher Standard for MHRA Sexual Harassment Claims Introduction In the landmark case of Judy FRIELER v. CARLSON MARKETING GROUP, Inc. (751 N.W.2d 558,...

Reaffirmation of Proximate Cause as a Substantial Factor in Dram Shop Liability

Date: May 31, 2008

Reaffirmation of Proximate Cause as a Substantial Factor in Dram Shop Liability Introduction In the landmark case OSBORNE v. TWIN TOWN BOWL, Inc., the Supreme Court of Minnesota addressed critical...

Clarification of 'Policyholder' Definition in Uninsured Motorist Coverage: Carlson v. Allstate

Date: May 23, 2008

Clarification of 'Policyholder' Definition in Uninsured Motorist Coverage: Carlson v. Allstate Introduction Aaron R. Carlson was struck by an uninsured motorist while crossing Lyndale Avenue on foot,...

Minnesota Supreme Court Clarifies Statutory Standards for Custodial Parent's Out-of-State Relocation under Locale Restrictions

Date: May 15, 2008

Minnesota Supreme Court Clarifies Statutory Standards for Custodial Parent's Out-of-State Relocation under Locale Restrictions Introduction The case In re the Marriage of Deborah A. Goldman v. Mark...

Admissibility of Prior Inconsistent Statements and Burden of Proof in Duress Claims: A Comprehensive Analysis of State v. Caine

Date: Mar 28, 2008

Admissibility of Prior Inconsistent Statements and Burden of Proof in Duress Claims: A Comprehensive Analysis of State v. Caine Introduction The landmark case of State v. Tony M. Caine (746 N.W.2d...

State v. Holliday: Affirming Premeditation Standards and Confrontation Clause Protections under Minnesota Law

Date: Mar 7, 2008

State v. Holliday: Affirming Premeditation Standards and Confrontation Clause Protections under Minnesota Law Introduction In the landmark case of State of Minnesota v. Derrick Holliday, reported at...

Termination of Parental Rights Under Minn.Stat § 260C.301: A Comprehensive Analysis of In the Matter of the Welfare of the Children of S.E.P. and J.W.P.

Date: Feb 15, 2008

Termination of Parental Rights Under Minn.Stat § 260C.301: A Comprehensive Analysis of In the Matter of the Welfare of the Children of S.E.P. and J.W.P. Introduction The case of In the Matter of the...

Establishing Reasonable Suspicion for Investigatory Vehicle Stops Based on Reliable Informant Tips: STATE of Minnesota v. Timberlake

Date: Feb 15, 2008

Establishing Reasonable Suspicion for Investigatory Vehicle Stops Based on Reliable Informant Tips: STATE of Minnesota v. Timberlake Introduction The case of STATE of Minnesota v. Timberlake, decided...

Clarifying De Facto Taking and Limitations under the Minnesota Torrens System: Hebert v. City of Fifty Lakes

Date: Jan 18, 2008

Clarifying De Facto Taking and Limitations under the Minnesota Torrens System: Hebert v. City of Fifty Lakes Introduction Hebert v. City of Fifty Lakes, 744 N.W.2d 226 (Minn. 2008), adjudicated by...

Duty to Protect Child Invitees: Minnesota Supreme Court Establishes Precedent in BJERKE v. JOHNSON

Date: Dec 28, 2007

Duty to Protect Child Invitees: Minnesota Supreme Court Establishes Precedent in BJERKE v. JOHNSON Introduction The case of Aja Bjerke v. Suzette E. Johnson, Kenneth D. Bohlman, reported at 742...

Validity of Alford Pleas: State v. Joel Da Establishes Rigorous Standards

Date: Dec 28, 2007

Validity of Alford Pleas: State v. Joel Da Establishes Rigorous Standards Introduction State of Minnesota v. Joel David Theis, 742 N.W.2d 643 (Mn. 2007), is a landmark decision by the Supreme Court...

Strict Enforcement of Statutory Requirements for Nighttime Search Warrants in STATE v. Jackson

Date: Dec 7, 2007

Strict Enforcement of Statutory Requirements for Nighttime Search Warrants in STATE of Minnesota v. Jackson Introduction STATE of Minnesota v. Susan Ranae Jackson, 742 N.W.2d 163 (2007), is a...

Minnesota Supreme Court Upholds Employer's Contractual Right to Withhold Earned Paid Time Off Upon Termination for Misconduct

Date: Nov 16, 2007

Minnesota Supreme Court Upholds Employer's Contractual Right to Withhold Earned Paid Time Off Upon Termination for Misconduct Introduction The case of Susan LEE v. FRESENIUS MEDICAL CARE, INC. (741...

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