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| Augustine v. Arizant Inc., A06-1238,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: As a CEO admitted to knowingly and willfully aiding and abetting the offense of 42 U.S.C.S. § 1320a-7b(a)(2), thereby establishing that he did not act in good faith, and because good faith was an essential element of an indemnification claim, the CEO was not entitled to indemnification from the corporations under Minn. Stat. § 302A.521, subd. 2(a).
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| Butt v. Schmidt, A06-1015,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Under Minn. Stat. § 518.131, subd. 5, because temporary support order was in effect at time of joint-physical-custody arrangement, and father did not move to modify, district court did not err by declining to retroactively credit child support. Under Minn. Stat. § 518.54, subd. 6, court had to consider mother's spousal-maintenance award as income.
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| City of Wyo. v. Minn. Office of Admin. Hearings, A06-1594,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Because the Director of the Office of Strategic and Long-Range Planning had the discretion to determine which of two competing petitions for annexation under Minn. Stat. §§ 414.0325, 414.031, should proceed first, the trial court did not err by refusing to issue a writ of mandamus compelling annexation of a township into a city.
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| Conrad v. Fields, A06-1387,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Appellant's promise to pay for a former law student's law school expenses was enforceable based on promissory estoppel because appellant reasonably should have expected his promise to induce action by the student, the promise did induce such action, and the student was left with a substantial debt when appellant failed to keep his promise.
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| Fischer v. Fischer, A06-1656,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: District court erred by automatically reinstating a father's original maintenance obligations after he regained employment and by ordering him to pay spousal-maintenance arrearages as the father's obligation had been suspended while he was unemployed, and his future ability to pay would have to be determined under Minn. Stat. § 518.552, subd. 2(g).
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| Frieler v. Carlson Mktg. Group, Inc., A06-1693,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Summary judgment was properly granted in favor of employer on employee's sexual harassment and hostile work environment claims under Minn. Stat. § 363A.03, subd. 43 of Minnesota Human Rights Act as there was no genuine fact issue about whether employer knew about the harassment or had reason to be on notice that supervisor might harass a coworker.
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| In re Civ. Commitment of Williams, A07-185,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: District court correctly relied on Minn. Stat. § 253B.08, subd. 7, in a sex offender, civil-commitment proceeding to admit all relevant evidence, the admission of evidence (some of which was hearsay) did not violate the ward's due process rights, the record supported the findings, and appointing a third examiner was not an abuse of discretion.
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| In re Welfare of Child of H.K., A07-342,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: A court properly terminated a mother's parental rights under Minn. Stat. § 260C.301, subd. 1(b)(2) because the court found that the mother lacked the ability to provide the child with clothing, a safe home, a proper education, or proper medical care; the child dressed inappropriately, had hygiene issues, and had attendance problems at school.
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| In re Welfare of Children of N.F., A07-152,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Argument that physical abuse was the equivalent of bodily harm and only required physical pain was rejected. Minn. Stat. § 260C.007, subd. 6(2)(i), clearly required physical abuse and physical abuse required unreasonable force or cruel discipline that was excessive under the circumstances. A child's paddling did not constitute physical abuse.
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| In re Welfare of the Child of S.S., A07-120,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: A father's parental rights were properly terminated under Minn. Stat. § 260C.301 because a social worker met with him in jail to develop a case plan, the social worker stayed in contact with the father by phone, and the father declined opportunities to communicate with the social worker by mail because he preferred oral communication.
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