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   State Courts - Minnesota - December 19, 2006

  
Enter. Communs. v. Dep't of Empl. & Econ. Dev., A05-2513, COURT OF APPEALS OF MINNESOTA, December 19, 2006, Filed
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Overview: Unemployment law judge's tax-rate determination of an employer was proper as the reviewing court had previously upheld the initial employee benefit determination, and there was no computation error in the Department of Employment and Economic Development's calculation of the employer's rate under Minn. Stat. § 268.047.

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Goeman v. Allstate Ins. Co., A06-425, COURT OF APPEALS OF MINNESOTA, December 19, 2006, Filed
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Overview: District court erred when it determined that, based on the geographic scope of two homeowners' insurance policies, insurance company one was closest to the risk arising from injuries caused by homeowners' dog. Neither policy specifically addressed the risk of a pet-caused injury. Both policies equally contemplated the risk of injury caused by dog.

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In re Appeal of Decision of Comm'r of Human Servs. (In re Flygare), A06-559, COURT OF APPEALS OF MINNESOTA, December 19, 2006, Filed
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Overview: County commissioner of human services properly determined that a widow was ineligible for medical-assistance benefits as the assets of a support trust established by her deceased husband were available for her support, and a restrictive provision of the trust was unenforceable as against public policy under Minn. Stat. § 501B.89.

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In re Claim for Benefits by Meuleners, A06-14, COURT OF APPEALS OF MINNESOTA, December 19, 2006, Filed
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Overview: Minnesota Public Safety Officer Benefit Eligibility Panel's decision to deny employee's application for continued employer-provided health benefits was arbitrary and capricious and not supported by substantial evidence, Minn. Stat. § 299A.465, where panel failed to determine whether the employee suffered an injury while acting as a peace officer.

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Meads v. Best Oil Co., A06-966, COURT OF APPEALS OF MINNESOTA, December 19, 2006, Filed
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Overview: An employer was not entitled to summary judgment as to an African-American applicant's racial discrimination failure-to-hire claim under a city code and the Minnesota Human Rights Act, because factual disputes existed as to whether the proffered justification was pretextual and after-acquired evidence of a conviction did not bar his claim.

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Shagalow v. State, A06-246, COURT OF APPEALS OF MINNESOTA, December 19, 2006, Filed
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Overview: Minnesota Department of Human Services (DHS) did not err by refusing to provide coverage in the Medical Assistance program for habilitation services for the patient in Israel; DHS did not violate First Amendment, Minn. Const. art. I, § 16, or ADA as it was required to ensure the quality, safety, and financial integrity of waiver services.

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State v. Washington, A05-1071, COURT OF APPEALS OF MINNESOTA, December 19, 2006, Filed
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Overview: Defendant's convictions for two counts of fifth-degree domestic assault were appropriate pursuant to U.S. Const. amend. VI and Minn. Const. art. I, § 6 because statements admitted from the victim's 911-call and an on-site interview were non-testimonial. The primary purpose was to enable police to meet an ongoing emergency.

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