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   State Courts - Minnesota - June 13 - June 15, 2006

  
Brown-Wilbert, Inc. v. Copeland Buhl & Co., P.L.L.P., A05-1952, COURT OF APPEALS OF MINNESOTA, June 13, 2006, Filed
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Overview: Because a district court erred by dismissing appellants' second lawsuit absent a final judgment on the merits in the first lawsuit and because the court declined to adopt a prohibition against claim splitting as an affirmative defense separate and independent from res judicata, the court reversed the judgment dismissing appellants' second lawsuit.

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In re M.R.H., A05-929, COURT OF APPEALS OF MINNESOTA, June 13, 2006, Filed
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Overview: Because victim's parents were not parties to settlement agreement between victim, juvenile, and juvenile's parents, restitution award was not duplicative. Pursuant to Minn. Stat. § 611A.04, subd. 1, district court did not know extent of family's loss at sentencing, and restitution could be ordered for father's use of his accrued employment leave.

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McClure v. Davis Eng'g, L.L.C., A05-1285, COURT OF APPEALS OF MINNESOTA, June 13, 2006, Filed
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Overview: Summary judgment was improperly granted to a manufacturer in a case involving a dispute over unpaid commissions because a corporation was properly characterized as a "commission salesperson" under Minn. Stat. § 181.145 since the definition of "person" under Minn. Stat. § 654.44, subd. 1 applied where no contrary intention was expressed.

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State ex rel. Guth v. Fabian, A05-1554, COURT OF APPEALS OF MINNESOTA, June 13, 2006, Filed
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Overview: A trial court erred in denying petitioner habeas corpus relief where Minn. Stat. § 244.171, subd. 4 (2004) did not provide that the time that petitioner served in phase I of the challenge incarceration program should be excluded from the calculation of his term of imprisonment after he was removed from the program for absconding.

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Nelson v. Productive Alternatives, Inc., A04-1691, SUPREME COURT OF MINNESOTA, June 15, 2006, Filed
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Overview: Dismissal of wrongful discharge action claiming violation of public policy against the nonprofit corporation was affirmed because the employee pointed to no clear public policy that supported a cause of action for employees who were discharged in retaliation for exercising their voting rights as nonprofit members.

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Stiles v. State, A05-2081, SUPREME COURT OF MINNESOTA, June 15, 2006, Filed
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Overview: Postconviction court did not err in denying petitioner's second request for postconviction relief without an evidentiary hearing because under Minn. Stat. § 509.04, subd. 3, the postconviction court could summarily deny a petition when the issues raised in it had previously been decided by the supreme court in the same case.

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