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| Bosch v. Weinstock, A06-1171,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Trial court properly denied a former husband's motion to vacate an order modifying the husband's parenting time because the husband was properly served by registered mail in the Philippines under Minn. R. Civ. P. 4.04(c)(2) and the notice of motion was mailed 21 days before the hearing, which complied with Minn. R. Gen. Pract. 303.03(a)(1).
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| Cedar Fair v. Minntertainment Co., A06-1405,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: From an arbitration between the owners and manager of an amusement park when the owners terminated the management agreement, the trial court properly denied the owners' motion to vacate the arbitration award under Minn. Stat. § 572.19 as they failed to prove that the manager's conduct constituted a breach of the management agreement.
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| Christiansen v. Univ. of Minn. Bd. of Regents, A06-1796,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: A trial court properly denied a social host's motion to dismiss as untimely an action under Minn. Stat. § 340A.90 (2004). Because the host's liability in serving alcohol to a minor guest who died was created by Minn. Stat. § 340A.90 (2004), the appropriate limitation period was six years under Minn. Stat. § 541.05, subd. 1(2).
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| Daniels v. Welch, A06-1335,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Where respondent testified that she was holding her child when appellant shoved her while yelling obscenities at her, the district court had sufficient evidence to issue an order for protection under Minn. Stat. § 518B.01, subd. 6(a)(1). The district court did not commit reversible error by admitting evidence of a separate kicking incident.
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| Emmons v. Rivers Hotel Co., A06-1368,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Unemployment law judge properly found that an employee was disqualified from receiving unemployment benefits as ringing up sales under other employees' identification numbers at bar in the hotel (the employer) violated the employer's established procedures and constituted employment misconduct under Minn. Stat. § 268.095, subd. 6(a).
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| Fisher v. State, A06-76, A06-77,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Where there was an alleged pattern of threats and assaults, and appellants knew that prison gangs posed a substantial risk to the inmate's safety and allegedly did not act, because appellants did not reasonably respond to the inmate's basic safety needs, they were not immune to the inmate's Eighth Amendment claims in their individual capacities.
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| Humphrey v. Humphrey, A06-934,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Spousal maintenance award to a wife and equal property division under Minn. Stat. §§ 518.552 and 518.58 were upheld because, inter alia, the husband's fluctuating income was properly averaged and although the wife contributed significant nonmarital funds to the acquisition of the parties' various homes, these amounts were repaid with interest.
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| In re Children of D.L.T., A06-2229,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: The termination of a mother's parental rights was proper under Minn. Stat. § 260C.301, subd. 1(b)(2) because the mother failed to comply with duties imposed by the parent-child relationship since she continually failed to apply basic parenting skills such as tending to the dietary and hygienic needs of her children.
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| In re Civ. Commitment of Woltjer, A06-2355,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Clear and convincing evidence supported a court's determination that a patient engaged in a course of harmful sexual conduct under Minn. Stat. § 253B.02 because he conceded that his conviction for sexually abusing a six-year-old girl constituted harmful sexual conduct, and another victim testified that the sexual assault was painful.
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| Kampf v. Kampf, A06-799,
COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: In a marital dissolution proceeding, district court did not abuse its discretion in awarding a wife spousal maintenance. pursuant to Minn. Stat. § 518.552, because the district court properly included savings and retirement savings in the award. Similarly, the district court did not abuse its discretion by applying the marginal tax rates.
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