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| Gluba v. Bitzan & Ohren Masonry, A06-1849,
SUPREME COURT OF MINNESOTA, July 26, 2007, Filed
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Overview: A worker's equal protection challenge to Minn. Stat. § 176.101, sub. 5(2) (2006) failed under rational basis review where, inter alia, the PTD classifications based on age, educational attainment, and PPD ratings applied uniformly to similarly situated persons and were necessitated by genuine and substantial distinctions among injured workers.
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| Hoyt Props. v. Prod. Res. Group, L.L.C., A05-1293,
SUPREME COURT OF MINNESOTA, July 26, 2007, Filed
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Overview: Lessee and its successor were not entitled to summary judgment in lessor's action to rescind settlement that released lessee from liability for its successor breach of a lease as statements that the corporate veil could not be pierced and that lessee and its successor were separate were statements of fact actionable as fraudulent misrepresentation.
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| In re Singer, A05-1136,
SUPREME COURT OF MINNESOTA, July 26, 2007, Filed
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Overview: Lawyer's petition for reinstatement after he was suspended for misappropriating client funds and failing to file tax returns was denied as he engaged in numerous insufficient funds transactions during his suspension, which violated Minn. R. Prof. Conduct 8.4(c) and demonstrated that he still was not fit to enjoy the public trust.
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| State v. Warsame, A05-488,
SUPREME COURT OF MINNESOTA, July 26, 2007, Filed
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Overview: The victim's volunteered statement that her boyfriend beat her up was admissible under the Sixth Amendment because she did not make the statement to the officer with the prosecution of defendant in mind; the victim left her home and took to the street with injuries at a time when she was in obvious distress and when defendant was still at large.
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| Underdahl v. Comm'r of Pub. Safety (In re Comm'r of Pub. Safety), A06-1000,
SUPREME COURT OF MINNESOTA, July 26, 2007, Filed
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Overview: The Commissioner of Public Safety's writ of prohibition petition to prevent enforcement of a discovery order requiring disclosure of a breathalyzer's complete computer source code was properly denied where, inter alia, the district court had jurisdiction under Minn. Stat. § 169A.53, subd. 2, and the information appeared discoverable.
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| In re Welfare of S.J.T., A07-49,
COURT OF APPEALS OF MINNESOTA, July 31, 2007, Filed
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Overview: In certification procedure arising out of alleged criminal sexual conduct, order that appellant, a juvenile, must turn over medical records was not clearly erroneous or abuse of discretion because nature of the evidence fell under Minn. R. Juv. Delinq. P. 18.03, subd. 1 and Minn. Stat. § 609.09, subd. 2. Fifth Amendment privilege was not violated.
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| Minn. Ass'n of Prof'l Employees v. Anderson, A06-1826,
COURT OF APPEALS OF MINNESOTA, July 31, 2007, Filed
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Overview: In an employment compensation dispute, Minnesota Association of Professional Employees (MAPE) alleged Minnesota Commissioner of Department of Employee Relations and the State violated Minn. Stat. § 43A.01. Trial court did not err in dismissing suit because statute did not impose duty on commissioner to ensure equal compensation.
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| Mitsch v. Am. Nat'l Prop. & Cas. Co., A06-1626,
COURT OF APPEALS OF MINNESOTA, July 31, 2007, Filed
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Overview: A district court erred in granting an insurer summary judgment on an insured's claim for UIM benefits following a motorcycle accident as the first clause of the reducing clause in the motor vehicle policy, which reduced the UIM benefits by the amount paid by the other driver's insurer, violated Minn. Stat. § 65B.49, subd. 4a (2006).
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| State v. Edwards, A06-820,
COURT OF APPEALS OF MINNESOTA, July 31, 2007, Filed
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Overview: In appeal from defendant's trial for criminal sexual conduct, defendant failed to show that alleged mental illness of counsel gave rise to ineffective assistance because, under the Strickland standard, defendant failed to show that counsel's conduct affected outcome. Evidence against defendant's theory of consensual sex was significant.
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