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  • Commentaries
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Minnesota Case Commentaries

Courts Are Not Agencies: Loper Bright Does Not Trigger Minnesota’s Postconviction “New Interpretation of Law” Exception and the Two-Year Time Bar Remains Strict

Courts Are Not Agencies: Loper Bright Does Not Trigger Minnesota’s Postconviction “New Interpretation of Law” Exception and the Two-Year Time Bar Remains Strict

Date: Jul 17, 2025
Courts Are Not Agencies: Loper Bright Does Not Trigger Minnesota’s Postconviction “New Interpretation of Law” Exception and the Two-Year Time Bar Remains Strict Introduction In Nantambu Noah Kambon...
Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation

Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation

Date: Jul 17, 2025
Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation Introduction In In re...
No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA

No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA

Date: Jul 17, 2025
No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA Court: Supreme Court of Minnesota Case: Energy Transfer LP (formerly known as Energy...
Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized — Commentary on Peterson v. City of Minneapolis

Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized — Commentary on Peterson v. City of Minneapolis

Date: Jul 17, 2025
Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized Introduction In Lucas Peterson v. City of Minneapolis, Self-Insured, 23...
Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence

Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence

Date: Jul 17, 2025
Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence Introduction In...
“Uses Force” Under Minn. Stat. § 609.342, subd. 1(d): Bodily Harm Inflicted Before or During Nonconsensual Penetration Suffices

“Uses Force” Under Minn. Stat. § 609.342, subd. 1(d): Bodily Harm Inflicted Before or During Nonconsensual Penetration Suffices

Date: Jul 10, 2025
“Uses Force” Under Minn. Stat. § 609.342, subd. 1(d): Bodily Harm Inflicted Before or During Nonconsensual Penetration Suffices Introduction In State of Minnesota v. Clifford Robert Letourneau, III,...
Presence Is Neither Necessary Nor Sufficient: Minnesota Clarifies the Hawkins Threshold for Alternative‑Perpetrator Evidence and Affirms Voluntariness of Hospital Interviews

Presence Is Neither Necessary Nor Sufficient: Minnesota Clarifies the Hawkins Threshold for Alternative‑Perpetrator Evidence and Affirms Voluntariness of Hospital Interviews

Date: Jul 3, 2025
Presence Is Neither Necessary Nor Sufficient: Minnesota Clarifies the Hawkins Threshold for Alternative‑Perpetrator Evidence and Affirms Voluntariness of Hospital Interviews Introduction In State of...
Harmless Error for Unannounced Criminal History Scores and Reaffirmation of the Multiple‑Victim Exception in Consecutive Sentencing — Sanders v. State (Minn. 2025)

Harmless Error for Unannounced Criminal History Scores and Reaffirmation of the Multiple‑Victim Exception in Consecutive Sentencing — Sanders v. State (Minn. 2025)

Date: Jul 3, 2025
Harmless Error for Unannounced Criminal History Scores and Reaffirmation of the Multiple‑Victim Exception in Consecutive Sentencing — Sanders v. State (Minn. 2025) Introduction In Milton K. Sanders...
State’s Right to Appeal Jail-Credit Awards After Probation Revocation Arises by Necessary Implication from Rule 27.04

State’s Right to Appeal Jail-Credit Awards After Probation Revocation Arises by Necessary Implication from Rule 27.04

Date: Jul 3, 2025
State’s Right to Appeal Jail-Credit Awards After Probation Revocation Arises by Necessary Implication from Rule 27.04 Case: State of Minnesota v. Jason Turner Johnson, 23 N.W.3d 70 (Minn. July 2,...
Unopposed Excess Fees Still Require Irwin Review; 2024 Workers’ Comp Fee Cap Applies Prospectively Only

Unopposed Excess Fees Still Require Irwin Review; 2024 Workers’ Comp Fee Cap Applies Prospectively Only

Date: Jun 26, 2025
Unopposed Excess Fees Still Require Irwin Review; 2024 Workers’ Comp Fee Cap Applies Prospectively Only Introduction In James Jurgensen, Relator v. Dave Perkins Contracting, Inc., and TBG Claims...
Coleman and Noor Apply Retroactively; Knaffla Does Not Bar First Petitions Raising New Interpretations of Law

Coleman and Noor Apply Retroactively; Knaffla Does Not Bar First Petitions Raising New Interpretations of Law

Date: Jun 19, 2025
Coleman and Noor Apply Retroactively; Knaffla Does Not Bar First Petitions Raising New Interpretations of Law Introduction In Carlos Heard v. State of Minnesota, 22 N.W.3d 154 (Minn. 2025), the...
Venue Under Minn. Stat. § 627.01 Is Not an Element: Guilty Plea Accuracy Need Not Include Venue Facts — State v. Paulson (Minn. 2025)

Venue Under Minn. Stat. § 627.01 Is Not an Element: Guilty Plea Accuracy Need Not Include Venue Facts — State v. Paulson (Minn. 2025)

Date: Jun 12, 2025
Venue Under Minn. Stat. § 627.01 Is Not an Element: Guilty Plea Accuracy Need Not Include Venue Facts — State v. Paulson (Minn. 2025) Introduction In State of Minnesota v. Matthew Douglas Paulson, 22...
Torrez: No Probable-Cause Element for Warrant-Based Blood or Urine Test Refusal under Minn. Stat. § 169A.20, subd. 2(2)

Torrez: No Probable-Cause Element for Warrant-Based Blood or Urine Test Refusal under Minn. Stat. § 169A.20, subd. 2(2)

Date: Jun 5, 2025
Torrez: No Probable-Cause Element for Warrant-Based Blood or Urine Test Refusal under Minn. Stat. § 169A.20, subd. 2(2) Introduction In State of Minnesota v. Samuel Alejondro Torrez, 21 N.W.3d 467...
Minnesota Supreme Court: WCCA May Vacate Awards Based on Invalid Workers’ Compensation Settlements and Decide Employee Incapacity Without District Court Referral

Minnesota Supreme Court: WCCA May Vacate Awards Based on Invalid Workers’ Compensation Settlements and Decide Employee Incapacity Without District Court Referral

Date: May 22, 2025
Minnesota Supreme Court: WCCA May Vacate Awards Based on Invalid Workers’ Compensation Settlements and Decide Employee Incapacity Without District Court Referral Case: Bobby Lykins, by Conservator,...
Reading Multiple Liability-Shifting Clauses Together Under Strict Construction: Minnesota High Court Upholds Indemnity for a Party’s Own Negligence When the Contract Clearly Says So

Reading Multiple Liability-Shifting Clauses Together Under Strict Construction: Minnesota High Court Upholds Indemnity for a Party’s Own Negligence When the Contract Clearly Says So

Date: May 22, 2025
Reading Multiple Liability-Shifting Clauses Together Under Strict Construction: Minnesota High Court Upholds Indemnity for a Party’s Own Negligence When the Contract Clearly Says So Introduction In...
Primacy of the Watershed Law: Watershed Districts May Improve County Ditches Without Formal Transfer, and Need Only “Conform” to Chapter 103E

Primacy of the Watershed Law: Watershed Districts May Improve County Ditches Without Formal Transfer, and Need Only “Conform” to Chapter 103E

Date: May 15, 2025
Primacy of the Watershed Law: Watershed Districts May Improve County Ditches Without Formal Transfer, and Need Only “Conform” to Chapter 103E Introduction In a significant clarification of...
Market Rent Controls Potential Gross Income Absent Atypical Concessions; Occupancy Adjustments Must Align With Fee‑Simple Valuation

Market Rent Controls Potential Gross Income Absent Atypical Concessions; Occupancy Adjustments Must Align With Fee‑Simple Valuation

Date: May 15, 2025
Market Rent Controls Potential Gross Income Absent Atypical Concessions; Occupancy Adjustments Must Align With Fee‑Simple Valuation Case: Burnsville Medical Building, LLC v. County of Dakota, 20...
Estate Recovery in Managed Care: Minnesota Supreme Court Authorizes Recovery of Actuarially Determined Capitation Amounts for Long-Term Care After Age 55

Estate Recovery in Managed Care: Minnesota Supreme Court Authorizes Recovery of Actuarially Determined Capitation Amounts for Long-Term Care After Age 55

Date: May 8, 2025
Estate Recovery in Managed Care: Minnesota Supreme Court Authorizes Recovery of Actuarially Determined Capitation Amounts for Long-Term Care After Age 55 Introduction In In re the Estate of: Joanne...
Trial Courts May Permit Alternative Perpetrators to Invoke the Fifth Before the Jury Once Hawkins Is Satisfied: Discretion, Not a Categorical Bar (State v. Foster)

Trial Courts May Permit Alternative Perpetrators to Invoke the Fifth Before the Jury Once Hawkins Is Satisfied: Discretion, Not a Categorical Bar (State v. Foster)

Date: May 1, 2025
Trial Courts May Permit Alternative Perpetrators to Invoke the Fifth Before the Jury Once Hawkins Is Satisfied: Discretion, Not a Categorical Bar Case: State of Minnesota v. Larry Joe Foster...
"Lewdly" Means Conduct of a Sexual Nature: Minnesota Supreme Court Narrows Indecent-Exposure Liability in State v. Plancarte

"Lewdly" Means Conduct of a Sexual Nature: Minnesota Supreme Court Narrows Indecent-Exposure Liability in State v. Plancarte

Date: May 1, 2025
"Lewdly" Means Conduct of a Sexual Nature: Minnesota Supreme Court Narrows Indecent-Exposure Liability in State v. Plancarte Introduction In State of Minnesota v. Eloisa Rubi Plancarte (Supreme Court...
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