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| Bendorf v. Comm'r of Pub. Safety, A05-1484,
COURT OF APPEALS OF MINNESOTA, April 18, 2006, Filed
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Overview: Order sustaining revocation of appellant's driver's license was upheld where remedy for not providing hearing within 60 days, as required by Minn. Stat. § 169A.53, subd. 3(a), was not recission of revocation but rather stay of revocation; revocation was stayed shortly after he sought judicial review and remained in effect until matter was resolved.
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| Commer. Assocs. v. Work Connection, Inc., A05-862, A05-871,
COURT OF APPEALS OF MINNESOTA, April 18, 2006, Filed
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Overview: In a challenge to a district court's grant a partial JNOV in a fee dispute between an insurance agent and an insured, district court could appropriately concluded that agent forfeited fees because it breached its fiduciary duty, and district court could scale fee forfeiture along lines of standard punitive-damages award.
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| Crossman v. Lockwood, A05-1372,
COURT OF APPEALS OF MINNESOTA, April 18, 2006, Filed
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Overview: The district court correctly ruled that there was no privity between a widow and her decedent's insurer in a prior property-damage subrogation action and, thus, the doctrine of collateral estoppel did not apply so as to preclude relitigation of the issue of causal negligence in the widow's wrongful-death lawsuit.
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| In re GlaxoSmithKline PLC, A04-2150,
COURT OF APPEALS OF MINNESOTA, April 18, 2006, Filed
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Overview: In the State's antitrust case against a pharmaceutical company, the trial erred in determining that certain documents were "protected nonpublic data" under Minn. Stat. § 13.39, subd. 2 as they became public court records when the summons and complaint were filed with the documents attached, as per Minn. Stat. § 13.39, subd. 3.
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| State v. Johnson, A05-1971,
COURT OF APPEALS OF MINNESOTA, April 18, 2006, Filed
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Overview: Because the light configuration on defendant's motorcycle violated Minn. Stat. § 169.64 (2004), a reasonable, articulable suspicion existed for a traffic stop of his motorcycle, and the district court therefore erred in dismissing the charges of third-degree driving while impaired, Minn. Stat. § 169A.20, subd. 1(1) (2004), against defendant.
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| W. St. Paul Fed'n of Teachers v. Indep. Sch. Dist. No. 197, A05-1020,
COURT OF APPEALS OF MINNESOTA, April 18, 2006, Filed
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Overview: School district unilaterally reduced the "aggregate value of benefits" under teachers' group health-insurance plan in violation of Minn. Stat. § 471.6161, subd. 5, and the Public Employee Labor Relations Act by implementing a change in health care coverage that resulted in greater out-of-pocket costs to retain one's choice of health care providers.
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| State v. Tran, A05-26,
SUPREME COURT OF MINNESOTA, April 20, 2006, Filed
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Overview: In a murder case, as there was sufficient circumstantial evidence that defendant knew of the victim's life insurance policy, the evidence was relevant, under Minn. R. Evid. 401, and therefore, the court properly admitted that evidence as well as evidence of the financial difficulties of the victim's wife (who was defendant's girlfriend).
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| Studer v. Kiffmeyer, A05-2412,
SUPREME COURT OF MINNESOTA, April 20, 2006, Filed
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Overview: Voter's petition to have district candidate removed from ballot was granted because there was overwhelming evidence that candidate had not resided in district for six months preceding election as required by Minn. Const. art. IV, § 6. Candidate had signed affidavit of residency for other district and neighbors testified that candidate lived there.
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| Noske v. Friedberg, A05-1160,
COURT OF APPEALS OF MINNESOTA, April 25, 2006, Filed
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Overview: Dismissal of appellant's legal-malpractice claim was affirmed; although appellant had been granted habeas relief due to the ineffective assistance of counsel, legal-malpractice action could not be predicated on a claim that attorneys negligently failed to pursue a particular trial strategy in the exercise of professional judgment.
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| State v. Wembley, A05-245,
COURT OF APPEALS OF MINNESOTA, April 25, 2006, Filed
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Overview: Defendant's conviction for criminal sexual conduct was proper where, although an expert was not permitted to testify to a witness's credibility, such testimony was not necessarily prejudicial when the witness had testified and the jury could judge for itself all of the factors on which the expert relied in making a credibility assessment.
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