Litigation

Damaging a real estate deal can lead to severe financial consequences, but can you prove it was intentional and recover losses?

Grasping the intricacies of interpleader actions is crucial, as defendants face significant legal and financial consequences if they fail to navigate them effectively.

Equitable estoppel is a crucial doctrine in administrative law, ensuring government agencies are accountable for their representations and actions. The doctrine's historical development in contract law led to its application in administrative law, promoting fairness, justice, and good conscience. To establish estoppel, claimants must demonstrate a clear agency representation, reasonable reliance, and resultant detriment. Estoppel…

The defense of equitable estoppel in court is a crucial tool that prevents parties from reneging on their obligations or denying previous representations, promises, or actions, thereby promoting fairness and consistency in legal dealings. To succeed, a claim of equitable estoppel must establish five core elements: a clear and unambiguous representation, reasonable reliance, a change…

Equitable estoppel is a legal doctrine that prevents a party from denying a previously stated or implied representation, typically made to induce reliance, when such denial would be unfair or unconscionable. Key concepts include the elements of estoppel, such as representation, reliance, and detriment, as well as the distinction between promissory and proprietary estoppel. Representations…

Equitable estoppel is a legal doctrine that prevents parties from denying or contradicting previous representations or assurances in family law disputes. It promotes fairness and justice by holding parties accountable for their words and actions. To establish equitable estoppel, a promise or assurance must be made, the relying party must reasonably believe it, and a…

In employment law, equitable estoppel holds employers accountable for their representations and promises, preventing them from denying the existence of a policy, practice, or agreement they had previously led an employee to believe existed. This doctrine promotes fairness and accountability in the employment relationship, safeguarding against employers who may attempt to renege on their commitments….

In equitable estoppel cases, the burden of proof lies with the party seeking to establish estoppel, requiring them to demonstrate the fulfillment of five vital elements, including representation or promise, reliance, detriment, causal link, and unconscionability. The party must provide concrete evidence that satisfies these elements, with the court requiring a high standard of proof….

Equitable estoppel plays a pivotal role in intellectual property disputes, serving as a shield to protect parties from detrimental reliance on another's representations or actions, and as a sword to prevent unfair exploitation of IP rights. The doctrine of equitable estoppel is founded on three key elements: representations by conduct, reliance and detriment, and the…

Equitable estoppel, a doctrine aimed at preventing injustice through promises and reliance, is not absolute, and various defenses can be raised to challenge its application. Absence of detrimental reliance, unclear or ambiguous terms, lack of intent to be bound, prior material breach, and public policy considerations are among the key defenses. Courts examine facts to…

Gain insights into negligent misrepresentation, its key elements, and defenses; learn what courts consider and stay informed about potential remedies and legal standards.

Get informed about negligent misrepresentation and uncover crucial legal insights that could impact your case; understanding your rights is just the beginning.

In this essential guide, discover how to navigate the complexities of negligent misrepresentation claims and protect your interests effectively.

A DUI conviction can seem difficult to overcome in the immediate aftermath, and it can be even more worrisome if you are wondering how the DUI will impact your business. While there is no exact step-by-step guide for how to recover after a DUI, we’ll examine a few areas that may be affected by your…

STATE OF MINNESOTA IN SUPREME COURT A09-1795 Court of Appeals Anderson, G. Barry, J. Dissenting, Stras, Anderson, Paul H.and Meyer, JJ. State of Minnesota, Appellant, vs. Filed: August 8, 2012 Office of Appellate Courts Melissa Jean Crawley, Respondent. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Karin L. Sonneman, Winona County Attorney, Stephanie E….

Minnesota has enacted modifications to its law relating to the issuance of permits to carry pistols in public (Minnesota Laws 2003, chapter 28 & Minnesota Laws 2005, chapter 83). As part of the new law, certain policies were adopted that regulate how a “private establishment” may notify permit holders that firearms are not allowed in a…

Terrorism is not treated lightly in the Minnesota criminal justice system. It has a broad definition in Minnesota, including both personal and public threats and acts. Personal threats of substantial bodily harm to another can be classified as terroristic threats in certain contexts. Threats with the intent of causing public disorder are certainly terroristic, and…

Need help? Contact a criminal defense attorney. CREDIT: This post is an excerpt from The House Research Department’s publication, Criminal Background Check Statutes, An Overview, updated and revised by legislative analyst Matt Gehring. Criminal Background Check Statutes: An Overview This publication describes the Minnesota Statutes that require or authorize government agencies, employers, and other entities…

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…

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…

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…

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…

Police Arrest Without a Warrant in Minnesota A peace officer may arrest a person (regardless of where such person is located – and including at the person’s residence) without a warrant if the peace officer has probable cause to believe that the person has committed domestic abuse within the preceding 12 hours. The arrest may…

Need help? Contact a criminal defense attorney. Domestic Violence Law and Minnesota Criminal Penalties for Violations of Orders for Protection Any actual violation of an Order for Protection (OFP) is by definition subject to criminal penalties under Minnesota state law. Minnesota Contempt of Court for Violation of Order for Protection Any violation of a legally-valid…

How to Determine a Presumptive Sentences in Minnesota Taking effect for offenses factually occurring after May 1, 1980, an offender who is convicted of a felony in the state of Minnesota faces what is called a “presumptive sentence,” as determined under the Minnesota Sentencing Guidelines. (Please note: for offenses occurring and the date of offense…

Need help? Contact a criminal defense attorney. How to Determine a Presumptive Sentences in Minnesota Taking effect for offenses factually occurring after May 1, 1980, an offender who is convicted of a felony in the state of Minnesota faces what is called a “presumptive sentence,” as determined under the Minnesota Sentencing Guidelines. (Please note: for…