– Legal Insights –
This article is the second in a series about changes in the MCIOA. In this series of articles, we are analyzing the different provisions of SF 1750, which made numerous changes to the Minnesota Common Interest Ownership Act (“MCIOA”). With the exception of a few changes in definitions, which were...
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IRA and 401k plans have been long thought to be fully protected from creditors. In recent years limitations on that protection have been put in place, usually for bankruptcy purposes. Since 401k plans are covered by a trust that contains a “Spendthrift” clause, creditors are not permitted to attach or...
As commercial litigation attorneys, a healthy percentage of the complaints which we initiate or respond to contain a claim that one or both of the parties involved committed fraud. For a variety of reasons, it has become almost standard practice for such claims to be included in complaints primarily involving...
If your business sells goods that scale, you may be what the law identifies as a “Lost Volume Seller.” Your status as a Lost Volume Seller carries with it some very special rights. Unfortunately, many merchants unwittingly give up these rights by failing to take a simple precaution at the...
U.S. Department of Education Guides School Districts in Providing Equal Opportunities to Student-Athletes with Disabilities Earlier this year, the Department of Education’s Office for Civil Rights (“OCR”) issued guidelines clarifying school districts’ existing legal obligations to provide students with disabilities equal access to extracurricular athletic activities.1 The OCR noted that...
Quick Summary Learning how to win your unemployment appeal hearing is not an exact science. While nothing is guaranteed, understanding the do’s and don’ts of these cases will prepare you to approach your court date with confidence and increase your chances of winning. DO’s DON’TS Take the process seriously Rely...
Minnesota provides family and medical leave protection to both public and private employees through its Parental Leave Act. Minnesota’s Parental Leave Act is the state version of the federal Family and Medical Leave Act, which provides up to 12 weeks of unpaid leave to employees to care for the serious...
In my experience as counsel for landlords in eviction situations, I’ve found that no single set of issues is as vexing to me and to my clients as those which arise when a tenant leaves behind personal property following their departure. Minnesota law is notoriously pro-tenant in this area, requiring...
Whether you are a brand new board member serving for the first time or a seasoned veteran or property manager, you need to understand one very simple but vital concept about your community association – it is a business and needs to be run like one. It is no mistake...
Cigna companies–Life Insurance Company of North America, Connecticut General Life Insurance Company, and Cigna Health and Life Insurance Company–recently entered into a Regulatory Settlement Agreement requiring Cigna to change its claims handling practices, reassess prior denied claims, pay certain fines, and be subject to future monitoring. Cigna agreed to the...
It’s common in Minnesota for a general contractor to have a clause in its subcontract which forces a subcontractor to indemnify the general contractor for all personal injury or property damage claims without regard to whether the subcontractor is at fault in causing the injury or damage. Recently, the Minnesota...