Same as Englishry.
Court of Appeals of Minnesota Court Cases
Skarhus v. Davanni's Inc. (2006)Relator challenges the determination by the unemployment law judge (ULJ) that relator was disqualified from receiving unemployment benefits because she committed employment misconduct and that relator did not show good cause for failing to participate in an evidentiary hearing. Relator argues that (1) her conduct does not satisfy the statutory definition of "employment misconduct" because theft of food valued at less than four dollars was a single incident without a significant adverse impact [...]
Court: Court of Appeals of Minnesota Docket: A05-1995
Vangsness v. Vangsness (2000)Appellant Mamie Vangsness and respondent Michael Vangsness married and had three children. The 1998 judgment dissolving their marriage reserved issues, including custody. The order placing temporary custody of the children with appellant forbade the parties from criticizing each other or trying to influence the children's custodial preference. In May 1999, following a trial, the district court placed physical custody of the children with respondent. Appellant's post-trial motion alleged that [...]
Court: Court of Appeals of Minnesota Docket: C0-99-1551
Relator brings a certiorari appeal from the decision of the unemployment law judge (ULJ) that she quit employment and was disqualified from receiving unemployment benefits. She seeks remand, arguing that she did not receive a fair hearing, that the ULJ failed to make the credibility findings required by Minn.Stat. § 268.105, subd. 1(c) (Supp.2005), and that the ULJ erred by failing to order an additional evidentiary hearing pursuant to Minn.Stat. § 268.105, subd. 2(c) (Supp.2005). Because (a) [...]
Court: Court of Appeals of Minnesota Docket: A06-324
Respondent Minnesota Pollution Control Agency (MPCA) issued an administrative penalty order (APO) against appellant Modern Recycling, Inc. Modern did not request an administrative hearing to challenge the APO, and the attorney general petitioned the district court to file the APO as a court order. Based on its conclusions that MPCA followed statutory procedures for issuing an APO and that appellant Roger DuPaul was personally liable to pay the penalty assessed against Modern, the district court [...]
Court: Court of Appeals of Minnesota Docket: C5-96-1336
Relator Gregory S. Peterson, an airline pilot, filed a claim for unemployment benefits with the Minnesota Department of Employment and Economic Development (DEED) after Northwest Airlines Inc. (NWA) discharged him from employment. A DEED adjudicator initially found that he was qualified for benefits. NWA appealed. Following a de novo evidentiary hearing, an unemployment-law judge (ULJ) found that relator was not qualified for unemployment benefits because he had been fired for employment [...]
Court: Court of Appeals of Minnesota Docket: A07-1704
Tereault v. Palmer (1987)
In 1981, appellants (the Tereaults) sued respondents (the Palmers, Burnet Realty, and Quality Homes) for breach of express and implied warranty, for the sale of defective property, and for misrepresentation in the sale of a home. The district court entered summary judgment for Quality Homes on the breach of implied warranty claim, finding no such warranty could exist because the Tereaults were not in privity with Quality Homes. We affirm.
Court: Court of Appeals of Minnesota Docket: C1-87-936
In this appeal from the district court's decision sustaining the revocation of his driver's license under the implied-consent law, appellant argues that the revocation is based on evidence obtained from a police officer's warrantless entry into the garage of appellant's home, in violation of the Fourth Amendment to the United States Constitution and Article 1, Section 10, of the Minnesota Constitution. We reverse.
Court: Court of Appeals of Minnesota Docket: A03-1595
Dynamic Air, Inc. v. Bloch (1993)
The district court denied appellant Dynamic Air's motion for a temporary injunction to enforce confidentiality, nonsolicitation, and nonemployment covenants on the ground that the covenants lacked a territorial limit. Dynamic Air contends the trial court erred in determining that Minnesota law prohibits enforcement of restrictive covenants lacking territorial limits. We agree and reverse.
Court: Court of Appeals of Minnesota Docket: C8-93-747
LaChapelle v. Mitten (2000)Appellant Denise Mitten gave birth to a child as a result of artificial insemination from sperm donated by respondent Mark LaChapelle. Mitten and her partner, respondent Valerie Ohanian, agreed with LaChapelle and his partner as to custody and visitation of the child. When Mitten and Ohanian severed LaChapelle's visitation with the child, LaChapelle commenced paternity proceedings. When Mitten and Ohanian later terminated their relationship, the parties commenced various proceedings to [...]
Court: Court of Appeals of Minnesota Docket: C5-99-1304
State v. Delk (2010)
On appeal from his sentencing for second-degree unintentional murder, appellant argues that his sentence must be overturned because, although it is within the presumptive-sentence range, it is longer than the "middle-of-the-box" presumptive sentence. Because any sentence within the guideline range is not a departure from the presumptive sentence, we affirm.
Court: Court of Appeals of Minnesota Docket: A09-1125
State v. Wembley (2006)
Appellant challenges his conviction for criminal sexual conduct, arguing that (1) his constitutional right to confrontation was violated; (2) the district court made several errors in its evidentiary rulings; and (3) his counsel was ineffective. Appellant also raises in his pro se brief a separate issue of ineffective assistance of counsel and argues that the evidence was tainted. Because we find no reversible error, we affirm.
Court: Court of Appeals of Minnesota Docket: A05-245
State v. Manning (1995)
Appellant Otis Manning challenges his conviction for violating the sex offender registration law, Minn.Stat. § 243.166 (Supp.1993). He contends that applying the statute to a felon who was convicted before it took effect violates the ex post facto prohibitions of the United States and Minnesota Constitutions. We affirm.
Court: Court of Appeals of Minnesota Docket: C7-94-2242
Dillon v. State (2010)Richard Dillon's wife spent three weeks in intensive care following life-saving surgery and another month hospitalized after Dillon struck and kicked her while she lay on the floor. Dillon inflicted the following injuries while taunting her between several of the blows: broken ribs; head, face, arm, and torso bruising; massive contusion of the vaginal and inner-thigh region; severe liver laceration requiring a hepatectomy; "blowout" eye fracture requiring surgery and causing permanent vision [...]
Court: Court of Appeals of Minnesota Docket: A09-1026
Between December 1986 and February 1987, a number of individuals allegedly suffered lung injuries while inside an ice arena owned by the City of Coon Rapids, Minnesota. Coon Rapids is a member of the League of Minnesota Cities Insurance Trust ("Trust"), a self-insuring risk pool for Minnesota cities.
Court: Court of Appeals of Minnesota Docket: C9-89-817
Appellants Duane and Angela Stange contend that the district court erred by rejecting their proposal to enlarge the nature and scope of the eviction proceeding to hear their claims that respondent AMRESCO Residential Mortgage Corporation was not entitled to possession of the property because of alleged defects in their underlying foreclosure. Because appellants have chosen the wrong forum to bring their claims, we affirm.
Court: Court of Appeals of Minnesota Docket: C8-01-97
The University of Minnesota denied tenure to Aparna Ganguli and terminated her probationary appointment. Ganguli obtained a writ of certiorari, seeking review of the University's decision. On appeal, Ganguli claims that the University's actions violated her employment contract, were based upon improper procedures, and were arbitrary and capricious. We agree, and reverse and remand for a complete evidentiary hearing before the full University Senate Judiciary Committee.
Court: Court of Appeals of Minnesota Docket: C6-93-1301
This defamation action arose when Stanley Kegler, the University of Minnesota's Vice President for Institutional Affairs, gave an unfavorable reference to a prospective employer of Shirley Hunt. On appeal from an award of summary judgment in favor of the University and Kegler, Hunt argues the trial court erred in (1) ruling there was no jury issue on malice and Kegler's statements were conditionally privileged because they were given in the context of a job reference; (2) concluding Kegler's [...]
Court: Court of Appeals of Minnesota Docket: CX-90-1433
Appellant challenges summary judgment entered against it, finding insurance coverage for losses suffered by respondent and denying appellant a setoff against other insurance. Because we conclude as a matter of law that there was direct physical loss to insured property as required by terms of the policy, and because the exclusions from coverage relied on by appellant are ambiguous, we affirm the decision of the district court. Because the district court did not err in its application of the law [...]
Court: Court of Appeals of Minnesota Docket: C2-00-1428
Clyde Eklund appeals from summary judgment for Vincent Brass and Aluminum Company in his suit based on wrongful termination of employment. Appellant-Eklund's action included claims for breach of contract, breach of an implied covenant of good faith and fair dealing, and intentional infliction of emotional distress. Eklund also sought punitive damages under Minn. Stat. § 549.20 (1982). On appeal Eklund argues his claims presented genuine issues of material fact which were not appropriate for a [...]
Court: Court of Appeals of Minnesota Docket: C2-83-2007
Geske v. Marcolina (2001)The parties' marriage was dissolved in 1996. The dissolution decree awarded respondent-mother Jean Geske physical custody of the parties' children and awarded visitation to appellant-father Jeffrey Marcolina. Father later moved to modify visitation, and mother opposed the motion and sought attorney fees. A referee heard the motions and, among other things, awarded mother attorney fees. Father's motion for amended findings prompted amendment of some visitation-related findings but not the [...]
Court: Court of Appeals of Minnesota Docket: C8-00-1336