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   State Courts - Minnesota - October 16, 2007

  
Argent Real Estate Servs., LLC v. Kaminski, A06-1769, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: Because the commercial real estate buyers' never signed the written agreement the real estate brokers presented, Minn. Stat. § 82.18, subd. 2 precluded the brokers from bringing an action against the buyers to recover their commission. As such, the trial court properly granted the buyers' motion to dismiss under Minn. R. Civ. P. 12.02(e).

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Bultman v. Comm'r of Pub. Safety, A06-1857, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: Where respondent was arrested for DWI, he delayed in providing a breath sample until the Intoxilyzer 5000 shut down. The district court erred in rescinding the revocation of his driver's license under Minn. Stat. § 169A.52, subd. 3(a); respondent's refusal to submit to a breath test was not reasonable under Minn. Stat. § 169A.53, subd. 3(c).

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Burgland v. Erwin, A06-2200, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: District court did not abuse its discretion by denying a father a hearing on his motion contesting the validity of the registration of the foreign child support order under Minn. Stat. § 518C.606(a) as his bald assertions of impropriety afforded no basis to make an evaluation of the validity of the order.

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Estate of Nistler, A07-89, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: Where a county sold a homestead at a sheriff's sale to satisfy its medical assistance claim while an appeal in underlying probate action was pending, the district court's grant to each heir of a one-fifth interest in the redemption rights to the property was proper as it responded to the circumstances as they existed at the time of the remand.

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Frieler v. Carlson Mktg. Group, Inc., A06-1693, SUPREME COURT OF MINNESOTA, October 16, 2007, Decided, October 16, 2007, Filed
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Heinonen v. Student Experience LLC, A06-2023, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: Where relator worked as an attendant for a disabled child, the child's medical-assistance funding was terminated and relator's employment ended. The ULJ erred when it found that relator was disqualified from receiving unemployment benefits under Minn. Stat. § 268.095, subd. 1(1), based on her failure to ask if she could work with another client.

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In re Civ. Commitment of Thompson, A07-998, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: Where appellant sexually assaulted young girls, the district court did not err by committing him to the Minnesota Sex Offender Program (MSOP) as the least restrictive treatment program under Minn. Stat. § 253B.185, subd. 1 based on the testimony of two court-ordered psychologists who examined appellant.

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In re Civ. Commitment of: English, A07-1076, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: A patient was properly committed as a sexually dangerous person under Minn. Stat. § 253B.02 because he engaged in a course of harmful sexual conduct; he conceded that when he was 19, he had a "forced sexual act" with a girl of 13, and he did not dispute that, while on probation, he twice had sexual intercourse with a girl of 15.

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In re Welfare of G.E.F., A06-1778, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: District court did not violate juvenile's right to confrontation under the Sixth Amendment and Minn. Const. art. I, § 6 by admitting child victim's videotaped statements after it determined that she was not competent to testify because the victim's statements given to a child-protection worker were nontestimonial.

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Jackson v. Global Mktg. Opportunities, Inc., A06-2090, COURT OF APPEALS OF MINNESOTA, October 16, 2007, Filed
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Overview: In an unemployment benefits claim, business owner was not entitled to benefits under Minn. Stat. § 268.035 because the business owner had neglected to provide proper form to the Department of Employment and Economic Development, despite continuing to pay unemployment benefits.

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