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   State Courts - Minnesota - April 24 - May 1, 2007

  
Grundtner v. Univ. of Minn., A06-1137, COURT OF APPEALS OF MINNESOTA, April 24, 2007, Filed
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Overview: A grant of summary judgment in favor of the employer in an employee's whistleblower action was proper under Minn. Stat. § 181.932, subd. 1(a) because the employee did not show that he engaged in any statutorily-protected conduct. The fact that an outside consultant proposed using an improper procurement method was not a violation of law.

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In re Appeal of Staley, A06-894, COURT OF APPEALS OF MINNESOTA, April 24, 2007, Filed
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Overview: Finding that the nursing assistant abused a vulnerable adult was reversed because the oral statement alone could not be construed as "treatment" within the meaning of Minn. Stat. § 626.5572, subd. 2(b)(2) consistent with accepted principles of statutory interpretation.

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In re Welfare of Child of L. M. L., A06-1867, COURT OF APPEALS OF MINNESOTA, April 24, 2007, Filed
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Overview: District court retained jurisdiction to adjudicate the 18-year-old as a child in need of protection or services because the district court assumed jurisdiction over the matter before the individual's 18th birthday, and the district court's jurisdiction continued until the individual became 19 years of age, if in the individual's best interests.

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Osborne v. Twin Town Bowl, Inc., A06-1007, COURT OF APPEALS OF MINNESOTA, April 24, 2007, Filed
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Overview: Summary judgment in favor of the establishment on the issue of proximate cause in the civil damage action under the Minnesota Civil Damage Act, was affirmed because the record contained insufficient probative evidence of a direct causal relationship between the decedent's intoxication and his drowning.

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Scheeler v. Sartell Water Controls, Inc., A06-715, COURT OF APPEALS OF MINNESOTA, April 24, 2007, Filed
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Overview: In an unemployment benefits case, worker, who took a leave of absence and later decided not to return to work, was precluded from eligibility for unemployment benefits, pursuant to Minn. Stat. § 268.085, subd. 13a(a), because the absence was voluntary, and Minn. Stat. § 268.069 rendered an agreement between the parties void.

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Univ. Educ. Ass'n v. Univ. of Minn. (In re Decertification of an Exclusive Representation Certain Emples. of Univ. of Minn.), A06-892, COURT OF APPEALS OF MINNESOTA, April 24, 2007, Filed
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Overview: Where an established bargaining unit was a single unit comprising instructional employees at two campuses, the petition to decertify respondent union lacked the statutorily required support of at least 30 percent of employees in the established unit, and was properly dismissed.

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City of Morris v. Sax Invs., Inc., A06-1188, COURT OF APPEALS OF MINNESOTA, May 1, 2007, Filed
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Overview: Judgment for respondent city in an injunction action was affirmed because the Minnesota State Building Code preempted local attempts to regulate construction, alteration, remodeling, and restoration of residential housing, but did not preempt local authorities from creating and enforcing habitability standards in rental housing.

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Schossow v. First Nat'l Ins. Co. of Am., A06-1003, COURT OF APPEALS OF MINNESOTA, May 1, 2007, Filed
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Overview: Judgment finding that appellant insurer was required to extend underinsured motorist coverage to respondent insured was affirmed because the district court did not err by concluding that decedent was a Minnesota resident; the fact that decedent's legal domicile was in North Dakota did not determine the meaning of residency in Minn. Stat. § 65B.50.

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