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   State Courts - Minnesota - April 3 - April 10, 2007

  
Borgersen v. Cardiovascular Sys., A06-710, COURT OF APPEALS OF MINNESOTA, April 3, 2007, Filed
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Overview: A former employee could not maintain a claim under Minnesota's whistleblower statute, Minn. Stat. § 181.932, subd. 1(a) (2004), because statements to his supervisors regarding his concerns about the test failures for a certain medical device did not constitute a "report" since he did not communicate a violation or a suspected violation of any law.

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Dunn v. Nat'l Bev. Corp., A06-396, A06-397, COURT OF APPEALS OF MINNESOTA, April 3, 2007, Filed
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Overview: Trial court properly found the beverage corporation was party to 1972 franchise agreement as part of its 1999 asset purchase of another company. Jury could conclude that breach of contract occurred against the distributor. Denial of distributor's attorney fees under Minn. Stat. § 80C.17, subd. 3 was proper as breach did not implicate franchise act.

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Garcia v. Alstom Signaling, Inc., A06-660, COURT OF APPEALS OF MINNESOTA, April 3, 2007, Filed
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Overview: In an unemployment benefits matter, ALJ erred in determining that severance payments employee received after being furloughed constituted payments that delayed unemployment benefits under Minn. Stat. § 268.085, subd. 3 because employee did not receive or have entitlement to severance pay at the same time he was collecting unemployment benefits.

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In re Child of Evenson, A06-1217, COURT OF APPEALS OF MINNESOTA, April 3, 2007, Filed
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Overview: Because mother's presumption of parental fitness was overcome when district court transferred custody from her, and mother failed to offer a convincing argument demonstrating when and how she regained the presumption, district court's decision placing child in permanent custody of his maternal grandfather and step-grandmother was affirmed.

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In re Claim for Benefits by Sloan, A06-531, COURT OF APPEALS OF MINNESOTA, April 3, 2007, Filed
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Overview: Because the officer's injury resulted from a reasonable exercise of professional judgment, which was legitimately calculated to protect the health, safety, and general welfare of the public, the benefits panel erred in denying the officer's application for continued employer-provided health-insurance benefits under Minn. Stat. § 299A.465.

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Wichmann v. Travalia & U.S. Directives, Inc., A06-677, COURT OF APPEALS OF MINNESOTA, April 3, 2007, Filed
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Overview: Denial of unemployment benefits was remanded because an unemployment law judge failed to make any findings regarding the credibility of the witnesses, as required by Minn. Stat. § 268.105, subdiv. 1(c) (Supp. 2005), despite the fact that the decision that the former employer discharged the employee for misconduct relied on credibility assessments.

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Francis v. State, A05-190 and A06-940, SUPREME COURT OF MINNESOTA, April 5, 2007, Filed
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Overview: Evidence was sufficient to sustain defendant's conviction for first-degree premeditated murder, Minn. Stat. § 609.185, because there was eyewitness testimony, and records indicated that calls placed from defendant's cell phone shortly before the murder were processed through a tower located within the general area of the shooting.

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State v. Kuhlman, A06-568, SUPREME COURT OF MINNESOTA, April 5, 2007, Filed
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Overview: Trial court properly granted a driver's motion to dismiss his citation for failing to stop a red light based on Minneapolis, Minn., Code art. I, §§ 474.620 to 474.670, which authorized photo enforcement of traffic control signals, as the ordinances conflicted with the Minnesota Traffic Regulations, Minn. Stat. ch. 169 (2006) and were thus invalid.

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State v. Turnage, A06-1124, SUPREME COURT OF MINNESOTA, April 5, 2007, Filed
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Overview: Appellant murder convict was properly denied postconviction relief after the recantation of his brother's testimony as he did not satisfy his burden per Minn. Stat. § 590.04, subd. 3; without it, the jury still would have heard an eyewitness account that appellant stabbed the victim multiple times and inconsistencies would have been eliminated.

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Curiskis v. City of Minneapolis, A06-982, COURT OF APPEALS OF MINNESOTA, April 10, 2007, Filed
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Overview: Given that Minneapolis, Minn., City Charter ch. 10. § 8 required disclosure of the special assessment appeals process to affected property owners, and the language in § 8 was what appeared in notices, the owner reasonably assumed he had a total of 40 days to file his appeal. Consequently, the owner timely filed and the district court was reversed.

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