Minnesota Case Commentaries

Strict Compliance with Surplus Limits: Supreme Court of Minnesota Rules on Excess Surplus Correction for Nonprofit Health Service Plans

Date: Apr 13, 2001

Strict Compliance with Surplus Limits: Supreme Court of Minnesota Rules on Excess Surplus Correction for Nonprofit Health Service Plans Introduction In the landmark case In the Matter of the Excess...

Permissible Consideration of Future Tax Consequences in Marital Asset Valuation: MAURER v. MAURER

Date: Mar 23, 2001

Permissible Consideration of Future Tax Consequences in Marital Asset Valuation: MAURER v. MAURER Introduction In Re the Marriage of Rosemary Ann Maurer vs. Michael Patrick Maurer is a pivotal case...

Conspiracy Instruction Must Include All Elements of Substantive Offense

Date: Mar 2, 2001

Conspiracy Instruction Must Include All Elements of Substantive Offense Introduction The case of State of Minnesota v. Timothy Warren Kuhnau, 622 N.W.2d 552 (2001), adjudicated by the Supreme Court...

Minnesota Supreme Court Sets Precedent on Ineffective Assistance of Counsel and Newly-Discovered Evidence in Postconviction Relief

Date: Feb 2, 2001

Minnesota Supreme Court Sets Precedent on Ineffective Assistance of Counsel and Newly-Discovered Evidence in Postconviction Relief Introduction The case of Derrick Ramon Dukes vs. State of Minnesota...

Affirmation of Convictions in State of Minnesota v. Keith Henderson: Upholding Fair Trial and Sentencing Standards

Date: Jan 12, 2001

Affirmation of Convictions in State of Minnesota v. Keith Henderson: Upholding Fair Trial and Sentencing Standards Introduction In State of Minnesota v. Keith Henderson (620 N.W.2d 688, 2001), the...

Expanded Standing and Causation in Misrepresentation Claims: Analysis of Group Health Plan v. Tobacco Companies

Date: Jan 12, 2001

Expanded Standing and Causation in Misrepresentation Claims: Analysis of Group Health Plan, Inc. v. Tobacco Companies Introduction The case of Group Health Plan, Inc., et al. Plaintiffs; Medica, a...

Indefinite Suspension for Repeated Professional Misconduct: In Re Petition Against David L. Brehmer

Date: Jan 5, 2001

Indefinite Suspension for Repeated Professional Misconduct: In Re Petition Against David L. Brehmer Introduction The case of In Re Petition for Disciplinary Action against David L. Brehmer, Attorney...

Supreme Court of Minnesota Establishes Limits on Retroactive Zoning Amendments Affecting Conditional Use Permits

Date: Oct 13, 2000

Supreme Court of Minnesota Establishes Limits on Retroactive Zoning Amendments Affecting Conditional Use Permits Introduction In the landmark case of Interstate Power Company, Inc. v. Nobles County...

Minnesota Mining Manufacturing Co. v. Martens: Clarifying the Standards for Unilateral Employment Contracts

Date: Sep 22, 2000

Minnesota Mining Manufacturing Co. v. Martens: Clarifying the Standards for Unilateral Employment Contracts Introduction In the landmark case of John A. Martens, et al. v. Minnesota Mining...

Oanes v. Allstate Insurance Company: Redefining the Accrual Date for Underinsured Motorist Claims

Date: Sep 15, 2000

Oanes v. Allstate Insurance Company: Redefining the Accrual Date for Underinsured Motorist Claims Introduction Oanes v. Allstate Insurance Company is a landmark decision by the Supreme Court of...

State of Minnesota v. Sammie Lamont Johnson: Affirmation of Premeditated Murder Conviction with Vacated Felony-Murder Judgment

Date: Sep 8, 2000

State of Minnesota v. Sammie Lamont Johnson: Affirmation of Premeditated Murder Conviction with Vacated Felony-Murder Judgment Introduction The case of State of Minnesota v. Sammie Lamont Johnson,...

Insurer's Ongoing Duty to Assess Wage Loss Reimbursement Needs Under Minn. Stat. §65B.491

Date: Aug 25, 2000

Insurer's Ongoing Duty to Assess Wage Loss Reimbursement Needs Under Minn. Stat. §65B.491 Introduction The case of American Family Insurance Group v. Harold L. Schroedl addresses critical issues...

Establishing Standards for Domestic Abuse Murder Convictions: Comprehensive Commentary on State v. Bradford

Date: Aug 25, 2000

Establishing Standards for Domestic Abuse Murder Convictions: Comprehensive Commentary on State of Minnesota v. Corey Chauncey Bradford Introduction In the landmark case of State of Minnesota v....

Minnesota Reaffirms Frye-Mack Standard Over Daubert in Admitting Expert Testimony: Goeb v. Tharaldson, et al.

Date: Aug 18, 2000

Minnesota Reaffirms Frye-Mack Standard Over Daubert in Admitting Expert Testimony: Goeb v. Tharaldson, et al. Introduction The case of Lawrence C. Goeb, et al. v. Timothy Tharaldson, d/b/a Duluth...

Minnesota Court of Appeals Affirms Public Benefit Requirement for Attorney Fees under the Private Attorney General Statute in Consumer Fraud Cases

Date: Aug 4, 2000

Minnesota Court of Appeals Affirms Public Benefit Requirement for Attorney Fees under the Private Attorney General Statute in Consumer Fraud Cases Introduction In the landmark case of Hoang Minh Ly...

Attorney Fees Recognized as Special Damages in Slander of Title Actions: Paidar v. Hughes

Date: Aug 4, 2000

Attorney Fees Recognized as Special Damages in Slander of Title Actions: Paidar v. Hughes Introduction Paidar v. Hughes, 615 N.W.2d 276 (Minn. 2000), marks a pivotal moment in Minnesota jurisprudence...

Mandatory Disclosure of Witness Competency Evaluations: Establishing a New Precedent in Minnesota

Date: Aug 4, 2000

Mandatory Disclosure of Witness Competency Evaluations: Establishing a New Precedent in Minnesota Introduction The case of State of Minnesota v. Raymond Buster Hunt (615 N.W.2d 294, 2000) represents...

Requirement of Expert Testimony in Medical Malpractice: Insights from TOUSIGNANT v. ST. LOUIS COUNTY

Date: Jul 28, 2000

Requirement of Expert Testimony in Medical Malpractice: Insights from TOUSIGNANT v. ST. LOUIS COUNTY Introduction The case of Violet TOUSIGNANT v. ST. LOUIS COUNTY, Minnesota (615 N.W.2d 53)...

STATE v. GUSTAFSON: Affirmation of Assault Convictions Without Jury Instructions on Self-Defense or Accident

Date: May 19, 2000

STATE v. GUSTAFSON: Affirmation of Assault Convictions Without Jury Instructions on Self-Defense or Accident Introduction In State of Minnesota v. Terri Gustafson, 610 N.W.2d 314 (2000), the...

Affirmation of Trial Court's Custody Decision in Vangsness Case: Deference to Best Interests Standard

Date: Mar 18, 2000

Affirmation of Trial Court's Custody Decision in Vangsness Case: Deference to Best Interests Standard Introduction The case of In re the Marriage of Mamie Marie Vangsness vs. Michael Alan Vangsness,...