Articles

The outbreak of the novel coronavirus disease 2019 (also called COVID-19) has led to many companies to anticipate nonperformance of their contracts.  Some companies may breathe a sigh of relief knowing their contracts have “force majeure” clauses, but does COVID-19 qualify as such an event? In Minnesota, force majeure clauses are contract-specific and courts hold… Read more »

Actions your company should take to determine coverage.   The novel coronavirus pandemic (COVID-19) is having an unprecedented impact on the global economy.  In Minnesota, the virus has resulted in mandatory restaurant and public accommodation closures, event cancellations, drastic changes in consumer behavior, and supply chain disruptions.  The virus will impact the bottom line of… Read more »

Generally an employee that is injured in the workplace may not bring common law tort claims against their employer.  Minn. Stat. § 176.031.  While in most instances the employee cannot bring common law claims against their employer for work related injuries, an at-fault third party may seek contribution from the employer for damages owed to the… Read more »

Key Statutes & Regulations Minnesota liquor liability is governed by the “Dram Shop” act, titled the “Civil Damages Act,” which specifically creates liability for alcohol-related claims.  The Act provides that any person who is injured by an intoxicated person who was illegally served by an establishment has a direct action against the establishment, so long… Read more »

A whistleblower is an employee who exposes information or activity that he or she honestly believes is illegal.  Because of the importance of exposing illegal activity, Minnesota enacted the Whistleblower Act as protection for employees who report suspected illegal activity to their employer. Protected Conduct under the Minnesota Whistleblower Act: Generally, the Minnesota Whistleblower Act… Read more »

In Minnesota, a claim can be brought for the wrongful interference with noncontractual as well as contractual business relationships.  This article discusses claims for: 1) tortious interference with contract claims; 2) tortious interference with business relations; and 3) damages available for those claims.         I.  Elements of Tortious Interference with Contract in… Read more »

This article discusses the test for determining whether an agency or an independent contractor relationship exists between two parties.  There is much litigation on the subject.  The true nature of the parties’ legal relationship impacts matters ranging from vicarious legal liability to employment law to tax consequences for mislabeling.        I.  Employee vs…. Read more »