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Supreme Court Denies Review on the Scope of the “Continuing Violation” Doctrine in Racial Bias Cases
April 30, 2013
by Andrew D. Moran
On April 1, 2013, the United States Supreme Court declined to resolve a purported circuit split on the applicability of the “continuing violation” doctrine to allegations of systemic violations of Title VII of the 1964 Civil Rights Act. In denying the petition filed by several Asian American police officers employed by the Port Authority of New York and New Jersey, the Court left intact a Second Circuit Court of Appeals ruling that “failure-to-promote” claims for discrete acts occurring outside of the limitations period were time barred and could not be saved by the continuing violation doctrine.
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A Game of Drones: Minnesota House Prepares Anti-“Drone” Legislation
April 30, 2013
by Jay Reding
The Minnesota House of Representatives is joining over 20 other states in attempting to ban the use of “drones,” an informal term referring to a wide variety of remotely-operated aerial vehicles. House File 1620 was proposed by Rep. Phyllis Kahn (DFL-60B) and is co-sponsored by several other legislators from both parties. The bill would ban not only law enforcement use of drones, but also private individuals from using remotely-controlled aircraft to take photographs or video of any persons or private property without permission. Violation of the proposed law would be a felony. The bill is currently pending in committee.
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Financial Disclosure Pitfalls In Tax Appeals For Income-Producing Properties
April 02, 2013
by Gary Van Cleve
Owners of “income-producing property” (property that produces revenue through rents) who are considering filing a tax petition should be mindful of special considerations—and associated pitfalls—that apply to such properties. The Minnesota Supreme Court provided a recent reminder that the financial information disclosure requirements will be strictly enforced—upon pain of dismissal of the tax petition for noncompliance.
The April 30 deadline for filing a property tax appeal will soon be upon us, which makes this the perfect time to consider whether your property is fairly or properly assessed by the local taxing authority. The real estate valuation subgroup of Larkin Hoffman’s Real Estate Litigation department provides property tax consultation services at little or no cost to the client. We provide free property tax appeal consultations for properties with assessed values of $2 million or greater. We have assisted many owners of income-producing properties in determining whether to file a tax petition and in obtaining substantial tax savings through assessed value reductions. There is still time to seek a consultation before this year’s April 30 filing deadline.
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White v. City Of Elk River Clarifies Legal Framework of Legal Nonconforming Uses
April 02, 2013
by Jennifer L. Singleton
The Minnesota Court of Appeals recently clarified the restrictions applicable to certain legal nonconforming uses. When a zoning regulation is changed, making a use illegal, the State of Minnesota requires that the use be grandfathered in so that the “lawful use or occupation of land or premises existing at the time of the [amendment] may be continued . . . .” Minn. Stat. § 462.357, subd. 1e(a). White v. City of Elk River demonstrates that even where an owner has used her property as a nonconforming use for decades, she must continue to comply with any conditions originally attached to the use of her property. 822 N.W.2d 320 (Minn. Ct. App. 2012).
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Court Watch: Franchise Alert - March 2013
March 15, 2013
by Cynthia M. Klaus and Susan E. Tegt
In the March 2013 issue of the Law Journal Newsletter's – Franchising Business & Law Alert, Cynthia Klaus and Susan Tegt discussed three recent cases.
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Update on the Family and Medical Leave Act
March 08, 2013
by Andrew D. Moran
In February of 2013, the Department of Labor (DOL) issued updated Family and Medical Leave Act (FMLA) regulations and forms. The FMLA and its regulations were amended in January of 2009, and many employers updated their policies and forms at that time. In October of 2009, the FMLA was amended once again, but updated regulations and forms were not issued until last month. The new regulations took effect on March 8, 2013, and are summarized in this article.
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20-Year Delay in Asserting Claim for Correction of Inventorship Does Not Result in Laches
February 28, 2013
by John A. Kvinge
A Federal Circuit case in the last few months addressed the question of whether the six-year period for the presumption of laches begins running prior to the issuance date of the patent, if the unnamed inventor should have known prior to issuance that he or she was not named as an inventor in the patent application. The case, Hor v. Chu, Case No. 2011-1540, involved a patent for high-temperature superconducting materials.
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Already, LLC v. Nike, Inc.: Supreme Court Gives Shoe Trademark Lawsuit the Boot
February 28, 2013
by John A. Kvinge
The Supreme Court case, Already, LLC v. Nike, Inc., questioned whether a plaintiff can eliminate a defendant’s standing to challenge the validity of a trademark by giving the defendant a permanent covenant not to sue – essentially eliminating the chance that the defendant could ever be harmed by the existence of a trademark.
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Minnesota House Considering Bill to End Non-Competition Clauses in Minnesota
February 28, 2013
by Jay Reding
A bill has been introduced in the Minnesota House of Representatives that would create an outright ban on the use of non-competition agreements for employers and business owners, subject to only a narrow range of defenses. This bill, if passed, would have major repercussions for Minnesota businesses and those businesses that have employees or contractors in Minnesota.
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New Fair Credit Reporting Act Forms Now Required For Employers Doing Credit Checks on Job Applicants
January 31, 2013
by Jay Reding
Employers who do credit checks on job applicants should be aware of new forms published by the Consumer Financial Protection Board (CFPB) that must be used prior to pulling a credit report on an applicant. As part of the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2011, the CFPB is now the agency that enforces the terms of the Fair Credit Reporting Act (FCRA). Prior to Dodd-Frank, the Federal Trade Commission was responsible for FCRA compliance. As of January 1, 2013, employers are being required to use the updated FCRA forms.
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The Federal Circuit Provides Guidance on Meeting the Bar for Notice Pleading in Design Patent Infringement Cases
January 31, 2013
by Glenna L. Gilbert
On January 25, 2013, the Federal Circuit decided Hall v. Bed Bath & Beyond, Inc.et al., a patent infringement case concerning a patented design for a “Tote Towel.” Bed Bath & Beyond (BB&B) moved to dismiss Hall’s complaint for failure to state a claim on which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). In dismissing Hall’s complaint, the district court stated that Hall’s patent infringement complaint did not contain allegations to show what aspects of the Tote Towel merit design protection, or how each defendant infringed the protected patent claim.
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Coyle Featured in BATC Magazine as 'Our Guy At The Capitol'
January 20, 2013
Peter Coyle was featured in the January 2013 edition of Builders' Digest: The Magazine for BATC Members published by the Builders Association of the Twin Cities. The article discussed Peter's long-standing relationship representing BATC at the capitol and three successful issues Peter helped resolve for BATC involving variance issues, attorney fees and park fees.
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Former Faculty Member Seeks New Trial in Political Discrimination Suit
December 28, 2012
by Andrew D. Moran
A closely-watched discrimination suit in Iowa may have ended in a mistrial, but may lead to an expansion of employer liability based on political viewpoint discrimination. Teresa Wagner, a University of Iowa faculty member, sued Carolyn Jones, the former dean of the University of Iowa College of Law. Wagner’s lawsuit, filed in 2009, alleged that she was the victim of political discrimination and was denied equal protection under the law when the university denied her a full-time teaching position because of her conservative political views and her work with certain conservative groups that oppose same sex marriage rights and abortion
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Minnesota Court of Appeals allows uncollectible damages award to be reallocated to severally liable co-defendants
December 28, 2012
by Melissa L. Hagstrum
The Minnesota Court of Appeals’ decision in O’Brien v. Dombeck, Case No. A12-0984, published December 3, 2012, marks the first time in the nearly ten years since the Minnesota legislature modified Minnesota’s joint and several liability statute that Minnesota courts have spoken on the ambiguous relationship between the statute’s joint and several liability requirements and the provision allowing reallocation of uncollectible amounts. Under this decision, uncollectible amounts may be reallocated to other parties without regard to whether they are jointly liable.
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Department of Labor Sets Out New Regulations for Successor Liability on FMLA Claims
November 29, 2012
by James A. Godwin
Under the Federal Family and Medical Leave Act (“FMLA”), employees who have worked at least 1,250 hours in the preceding 12 months and have been employed for at least 12 months at a job site with at least 50 employees within a 75-mile radius are entitled to up to 12 weeks of job-protected unpaid leave to attend to a serious medical condition or to care for certain family members. When an employer goes out of business or sells a portion of its business, employees losing their jobs will also necessarily lose their FMLA rights. Essentially, there will be no job to come back to following leave. However, in some circumstances where one company purchases all or a portion of an existing business, FMLA rights of employees who go to the new employer may also transfer. The Department of Labor has set out regulations that provide the standard for such successor liability. See 29 CFR § 825.107.
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