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| Kartalozi v. Kartalozi, A06-1749,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Where the father failed to show that modification of the order for supervised access would be in the children's best interests under Minn. Stat. § 518.175, subd. 5, the district court did not err by denying his motion for unsupervised parenting time. Conduct-based attorney fees were properly assessed against him under Minn. Stat. § 518.14, subd. 1.
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| LaBonte v. Team Indus., A06-1593,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: District court did not abuse its discretion by concluding that the employer subjected the employee to disparate treatment based on age under the Minnesota Human Rights Act because the statistical data and evidence regarding the inconsistent and subjective manner in which the ranking tool was applied satisfied the employee's showing of pretext.
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| Lawson v. Lawson, A06-1463,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Where a father failed to comply with court orders regarding the mother's visitation and acted in bad faith during child custody proceedings, the district court did not err in awarding the mother $ 6,700 in conduct-based attorney fees under Minn. Stat. § 518.14, subd. 1. The father's conduct contributed to the cost and duration of the proceedings.
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| Mayard v. Todd Crabtree Law Firm, P.A., A06-1249,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Enforcement of settlement agreement between the parties in a legal malpractice suit was proper because the former client's attorney had authority to enter into the settlement under Minn. Stat. § 481.08 as the testimony of her attorney and the correspondence between counsel indicated that the client consented to the settlement agreement.
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| Mehr v. Comm'r of Pub. Safety, A06-2051,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Revocation of a driver's driver's license under the implied consent law, Minn. Stat. §§ 169A.50-53, was proper as the driver's father gave the officer consent to search his house where defendant was found, and the officers had a reasonable articulable suspicion of impairment and probable cause to arrest the driver for DWI.
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| Miska v. Miska, A06-1393,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Wife was entitled to ownership of an entire homestead by survivorship because an antenuptial agreement with her husband created a joint tenancy which (1) was not lost by a drafting error in a quit-claim deed; and (2) was not severed under Minn. Stat. § 500.19 by a vendors' warranty deed that, through mutual mistake, did not mention joint tenancy.
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| Olabiyi v. Evangelical Lutheran Good Samaritan Soc'y, A06-1241,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Where relator was subject to lifting restrictions which rendered her unable to complete her work as a nursing assistant, she failed to apply for jobs in other positions. The ULJ did not err by concluding that relator was ineligible to receive benefits because she was not actively seeking suitable employment, Minn. Stat. § 268.085, subd. 1(4).
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| Schmitz v. City of Farmington, A06-1795,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: In property owners' suit for damages to their home, the trial court erred in granting summary judgment to the City under Minn. Stat. § 466.03 as questions remained as to whether a reasonable person should have been aware that displacing some 44 million gallons of water could have posed a peculiar risk of harm.
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| State v. Fahssi, A06-842,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Evidence was sufficient to sustain a conviction for fifth-degree assault because, by defendant's own concession, two witnesses testified that the date of the alleged altercation was July 17, 2004; the complainant testified that defendant punched and kicked him and a witness identified defendant as one of the men he saw harming the complainant.
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| State v. Hott, A06-1356,
COURT OF APPEALS OF MINNESOTA, July 24, 2007, Filed
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Overview: Where defendant entered a plea of guilty to motor-vehicle theft arising from the theft of three cars, the district court did not err by imposing restitution in the amount of $ 1,049.45 as claimed by the victims. Defendant agreed to the amount of restitution as part of the plea agreement under Minn. R. Crim. P. 15.04, subd. 3(1).
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