Companies in Minnesota that work with independent contractors should be aware of a new legal risk. In Alonzo v. Menholt, the Minnesota Supreme Court recognized a claim for the negligent selection of an independent...more
The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of “negligent selection of an independent contractor.” This development holds significant implications for businesses that engage...more
Minnesota has a unique statute that allows minority shareholders in a closely held corporation to initiate an action for a buy-out of their interests. Minn. Stat. § 302A.751, subdivision 2. Under the Minnesota Business...more
The Minnesota Supreme Court recently held that the gain from the sale of goodwill was subject to apportionment as business income derived from a unitary asset rather than allocation of nonbusiness income pursuant to Minnesota...more
On October 11, 2023 the Minnesota Supreme Court issued an opinion in Schneider v. Children’s Health Care holding that the Minnesota Health Records Act (“MHRA”) provision allowing health care providers to release health...more
The Minnesota Supreme Court earlier this month rebuffed the state legislature's efforts to hide records of eviction proceedings from public access. In its August 8 order (ADM10-8050), the Court through Chief Justice Lorie...more
The Boston Globe reports that the cost of the critically important New England Clean Energy Connect project increased by over 50 percent to 1.5 billion dollars during the three years Avangrid, the project developer, battled...more
On February 8, 2023, the Minnesota Supreme Court issued its first significant decision interpreting the state’s employment discrimination law, the Minnesota Human Rights Act (MHRA), in three years. In a ruling that will...more
Until recently, an employee generally could not establish a constructive discharge claim (that they had been forced to resign due to intolerable conditions) without first demonstrating that they informed their employer about...more
On September 28, 2022, the Minnesota Supreme Court formally recognized the common-interest doctrine for privileged communications, confirming what many attorneys in Minnesota had already believed to apply in the state....more
In this edition of WIT AND WISDOM OF WINTHROP, our Employment Litigation Newsletter, we take a look at what’s happening in the news regarding the increasing number of companies using hybrid work models, and related policies....more
On April 6, 2022, Minnesota’s Supreme Court in Lori Dowling Hanson v. State of Minnesota, Department of Natural Resources affirmed the lower courts’ summary dismissal of a Minnesota Whistleblower Act (“MWA”) claim brought by...more
On February 22, 2022, the Supreme Court of the United States asked the United States Department of Justice to weigh in on an issue that has divided state courts in recent years: should states with laws requiring insurers and...more
Recent changes to the attorney-client privilege mean Minnesota businesses should consider using additional caution and taking affirmative steps in order keep documents prepared by their lawyers safe from disclosure. The...more
Minnesota’s Occupational Safety Administration (MNOSHA) adopted the federal Occupational Safety Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on January 3, 2022, and began...more
The Minnesota Supreme Court recently reaffirmed the Minnesota attorney general’s broad power to investigate Wage Theft Act and alleged pay practice violations....more
Our December Insurance Update features four cases. The Minnesota Supreme Court decides if a resident-relative exclusion violates public policy. A Texas appellate court considers, for a second time, if damage from...more
On September 13, 2021, the Minnesota Court of Appeals issued a decision upholding a drug conviction that has the potential to significantly harm Minnesota’s growing hemp industry. In State v. Loveless, the Court of Appeals...more
As a follow up to our post here, the Minnesota Court of Appeals issued a decision on August 23 affirming the MPUC’s decisions related to the Nemadji Trail Energy Center natural gas plant (NTEC) that will be constructed in...more
We bring you our May Insurance Update. In this month’s update: •The Minnesota Supreme Court considers an issue of first impression over the reasonableness of settlement agreements that fail to allocate between covered and...more
As a follow up to a previous post the Minnesota Supreme Court issued its decision on April 21, 2021, reversing the Minnesota Court of Appeals and remanding the matter for further review. In so doing, the Court concluded that...more
In two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the reasonableness of medical treatment. This deference appears to reflect a reluctance of courts to decide what...more
Many employers attempt to write their employee handbooks to avoid creating contractual obligations toward workers. But as the City of Plainview, Minnesota, recently discovered, this isn’t always easy to accomplish. The...more
Gimme a Break! Following a busy week and a handful of committee hearings today, the legislature will begin its ten-day break. The break officially begins on Saturday, March 27, and lasts until 8:30 a.m. on Tuesday, April...more
In a recent 5-2 decision, Hall v. City of Plainview, the Minnesota Supreme Court held that a general contract disclaimer in an employee handbook did not, as a matter of law, nullify a breach of contract claim with respect to...more