Where there is an identifiable owner of contaminated private property, remediation must be performed by a contractor and completed pursuant to Department of Health guidelines and any applicable guidelines addressing enforcement of public health laws, abatement of public health nuisances, and remedies available to owners or occupants of the property. Minn. Stat. § 152.0275, subd….
Records Required to be Filed and Kept Police officers who make arrests at “clandestine lab sites” must notify the local health department, the duty officer, and child protection of the arrest and the location of the site. If the site is contaminated with any manufacturing products or byproducts of methamphetamine production, it cannot be occupied…
If you are the victim of defamation, a cease and desist letter may be an option for you. Defamation (a.k.a. Defamation Per Se) Defamation, whether written (libel) or spoken (slander), is essentially a false statement that causes harm to someone’s reputation. Defamation of a public figure is a separate type of claim. The elements of…
Minnesota Human Rights Act (MHRA) (Minn. Stat. 363A.08). The MHRA applies to all employers of one or more employees. Under the Act, no employer, labor organization, or employment agency can unfairly deny employment, membership, or referral for employment. Under the Act, anyone who aids or abets a violation, obstructs compliance, or retaliates against a person…
Q: When a company sells and ships goods from outside Minnesota into Minnesota, does the seller collect the local sales tax from his own state, or the local Minnesota sales tax? A: The seller collects sales tax according to the local Minnesota sales tax when the seller is registered with the Minnesota Department of Revenue….
Minnesota Income Tax: Minnesota collects a state income tax at a maximum marginal tax rate of 7.85%, spread across three tax brackets. Like the Federal Income Tax, Minnesota’s income tax allows couples filing jointly to pay a lower overall rate on their combined income with wider tax brackets for joint filers. Minnesota’s maximum marginal income…
Ecommerce websites often sell generic versions of a manufacturer’s product. These might be replacement parts, compatible parts, or another product that works with the manufacturer’s brand name product. Obviously, manufacturers will make more money if consumers buy directly from the manufacturer rather than some online generic or compatible version. So manufacturers often threaten, through their…
Cease & Desist Breach of Contract Example The following is an example of a Cease and Desist Letter which could be sent in the event of a breach of contract. Every circumstance involving a breach of contract is different. It is not recommended that this cease and desist letter be used without first consulting an…
This Cease and Desist Letter provides a starting point for dealing with trademark issues. Every trademark dispute is unique and this trademark infringement cease and desist letter template should not be used without first consulting with an experienced intellectual property attorney. Click here for more cease and desist letter templates. When to Send a Trademark…
This Cease and Desist Letter is written from the perspective of an attorney representing a client who has been slandered. Because every case of slander is different, this cease and desist letter slander template should not be used without first consulting with an experienced defamation attorney. This template could potentially be modified to fit cases…
Defamation Cease and Desist Overview The following cease and desist letter template is for use in defamation of character claims and is written from the perspective of a Minnesota attorney on behalf of a client whose character has been defamed. This template can be modified for claims involving libel or slander. Click this link for…
Video: Learn About Cease and Desist Letters You can watch this video before you send a Cease and Desist Letter to get answers to these questions: What is a Cease and Desist letter? When should I send one? Who can send one? How detailed should I be? What does a Cease and Desist letter do?…
Conciliation Court MN | Help With Conciliation Court Conciliation Court, better known as small claims court, is available when someone wants to sue another party for $15,000 or less. Here is our most recent and comprehensive guide to Minnesota small claims court. Conciliation courts allow individuals to pursue these claims without having to hire and…
Other Mandatory Sentencing Provisions Controlled Substance Offenders Minn. Stat. § 152.0271 When a person is convicted of a controlled substance offense, the court must determine whether the offender committed the offense while driving a motor vehicle. If so, the court must notify the Commissioner of Public Safety and order the commissioner to revoke the person’s…
Need help? Contact a criminal defense attorney. Minimum Fines; Assessments; Surcharges; Fees Failure to Provide Motor Vehicle Insurance; Failure to Produce Proof of Motor Vehicle Insurance; Usage of a Fraudulent Insurance Card §§ 169.791 (6); 169.793 (2); 169.797 (4) The court must impose a minimum $200 fine on a person convicted of failing to provide…
This information brief describes Minnesota laws mandating judges to impose specified sentences on persons convicted of certain crimes. These mandatory sentences include specified lengths of incarceration in state prison or local jails, minimum fines and other financial penalties, mandatory treatment, and other sentencing measures. All statutory citations are to Minnesota Statutes, as amended through the…
This informational post explains how nursing facilities in Minnesota are reimbursed. It includes information on how nursing facilities are reimbursed for residents on Medical Assistance (MA), the types of payments nursing facilities receive, rate equalization, the alternative payment system, rebasing, and the nursing facility moratorium and rebalancing. Nursing Facility Regulation The Minnesota Department of Human…
The Marriage Penalty in Minnesota’s Income Tax Rates and Brackets There are many marriage penalties and bonuses under the federal and Minnesota income taxes. A marriage penalty occurs when a married couple pays higher tax than they would if each spouse could file as a single and pay tax on his or her own income….
April 2007 | AN EDUCATIONAL GUIDE FOR MINNESOTANS | Focusing on How Minnesota Taxes Business | Produced and Originally Published by the Minnesota Center for Public Finance Research This publication was reproduced with the express consent of the Minnesota Taxpayers Association. This publication may not be reproduced in whole or in part without permission….
If you are receiving phone calls in an attempt to collect a debt that you legitimately do not owe, the following cease and desist letter template may be useful in your efforts to clear up the confusion and stop the collection calls. If you are overwhelmed with debt, consider consulting an experienced debt reduction or…
There are some circumstances in which a default judgment can be vacated (re-opened). Applicable Statute Minnesota Rule of Civil Procedure 60.02, Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or the party’s legal representatives from a final judgment (other…
Introduction to Tax Form 8832 Default Rules for Tax Form 8832 Existing entity default rule Certain domestic and foreign entities that were in existence before January 1, 1997, and have an established federal tax classification generally do not need to make an election to continue that classification. If an existing entity decides to change its…
Name Enter the name of the eligible entity electing to be classified. Employer identification number (EIN) Show the EIN of the eligible entity electing to be classified. Do not put “Applied For” on this line. Note. Any entity that has an EIN will retain that EIN even if its federal tax classification changes under Regulations…
Note: Tax forms change from time to time. The information below is not kept current. Please see irs.gov for the latest official information. Filing Tax Form 8832 File Form 8832 with the Internal Revenue Service Center for your state listed below. In addition, attach a copy of Form 8832 to the entity’s federal tax or…
Introduction There are special rules for certain businesses that provide professional services. These are usually services that require a state license, certificate, or registration. This article summarizes who is covered and what that means for your business. Professional Business Entities If you own a business that provides services in any of these 16 categories,…
Churches may wonder whether they must file IRS Form 1023 to be considered a tax exempt religious organization under 501(c)(3). The IRS Instructions to Form 1023 provide the following: Form 1023 not necessary. The following types of organizations may be considered tax exempt under section 501(c)(3) even if they do not file Form 1023. Churches,…
The Bong Water Case In the case of the State of Minnesota v. Peck, A08-579, Minnesota Supreme Court (Oct. 22, 2009), a majority of the justices decided that a “mixture” of methamphetamine (or a “residue,” as the rest of us call it) found to be left over in bong water is the legal equivalent of…
Similar Conduct, Similar Transactions, Rule 404 Evidence Evidence of similar conduct by the accused against the victim of domestic abuse, or against other family or household members, is admissible in court unless the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issue, or misleading the jury; or by considerations…
Notice to Victim that Assistance is Available to Victims of Domestic Violence At the time of arrest, a peace officer is required to tell a victim of domestic abuse whether a shelter or other services are available in the community and to provide the victim with notice of the legal rights and remedies available to…
Pretrial Bail Evaluation Report Concerning the Person Arrested The jail, or someone selected by the jail, must do a pretrial bail evaluation for each person arrested and detained for committing a crime of violence, a gross misdemeanor fifth-degree assault or domestic assault crime, or a non-felony violation of an Order for Protection or a harassment…