Minnesota’s No-Fault Laws: What Insurance Benefits are Available to a Passenger in a Motor Vehicle Crash?

Minnesota is a “No-Fault State.” That means irrespective of fault, if an individual in a motor vehicle crash has insurance, his or her insurance pays their medical expenses, lost wages and replacements services. If the individual involved in a crash does not have motor vehicle insurance but is living with a relative who has insurance,… Read more »

Wrongful Death Claims in Minnesota

A cause of action for the wrongful  death of a family member was created by the enactment of a statute. Minn. Stat. §573.02.  A trustee must be appointed by the court to maintain the action on behalf of the next-of-kin.  Id. Although, the trustee  does  not  have to be a next-of-kin, a next-of-kin  must petition… Read more »

Can I Stop Paying Spousal Maintenance If My Ex Is Living With Someone, But Not Married?

Spousal maintenance, without an agreement otherwise, ends in Minnesota when the spouse receiving the maintenance remarries.  The reasoning has been that once an ex-spouse remarried, there was a new spouse in the household helping to pay monthly living expenses and the ex-spouse no longer had a need to be supported by their former spouse.  … Read more »

Estate Planning: Planning for the Physical Care of a Minor Child in Minnesota

By Michael S. Divine 6/28/2016 This article discusses some of the legal documents that can assist in planning for the physical care of a minor child in the event of a parent’s death or incapacity. Minnesota law provides that a parent may appoint a guardian over a minor child by will, designation of standby guardian,… Read more »

Disputing Commercial and Residential Property Tax Valuations and Classifications

  Most people think about how much income tax they pay in a year more than any other taxes, but taxpayers who ignore their property tax statements could be paying significantly more than they need to each year. Both residential and commercial property owners can be affected by inaccurate property tax valuation or classification. Property… Read more »

The Defend Trade Secrets Act – New Business and Employment Protections

Congress recently passed a law that will provide further security to companies seeking to protect their trade secrets. The newly signed Defend Trade Secrets Act adds a civil cause of action to the criminal liability currently existing through the Economic Espionage Act of 1996. Though most states already have a form of trade secret protection… Read more »

Department of Labor Revisions to White Collar Employee Overtime Exemption in FLSA

Soon, an amendment to the “white collar” exemption under the Fair Labor Standards Act (FLSA) will come into effect, resulting in an increased minimum required salary for many employees. Below, we will review the specifics of the revisions to the FLSA white collar exemption and highlight several concerns for employers and employees as the changes… Read more »

How to Remove an Unwanted Guest from your Home in Minnesota

Many are familiar with the “Minnesota nice” stereotype that was long ago coined to describe the demeanor of Minnesotans. With hats, t-shirts, and movies highlighting this slogan, it is fair to say that Minnesotans are proud of this portrayal. Regardless of the truth of this aphorism, you could find yourself in a bind if your… Read more »

Undisclosed conditions in a Home Purchase and Arbitration Proceedings

Question: Have you either purchased or sold a home in which there is an issue about the condition about property?  It is not uncommon for an issue of undisclosed defects in the condition of the property to arise. Minnesota law generally requires a seller of residential real property to make a written disclosure to a… Read more »

How to Vacate a Default Judgment in Minnesota

Quite often, people contact our office to ask what they can do to vacate, or get relief from a default civil judgment entered against them or their business. These calls occasionally involve a defendant who became aware of a default judgment entered against them with little or no prior notice. A plaintiff can obtain a… Read more »