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The Laches Defense In Minnesota

Posted by Christopher A. Jensen | Aug 09, 2020 | 0 Comments

This article looks at the laches defense to civil lawsuits in Minnesota. Laches involves a plaintiff whose unreasonable delay in starting the lawsuit has resulted in prejudice to the defendant. If proven, laches can result in dismissal of the plaintiff’s case.

Anticipatory Breach of Contract in Minnesota

Posted by Christopher A. Jensen | Apr 27, 2020 | 0 Comments

This article looks at anticipatory breach of contract (a/k/a "anticipatory repudiation) in Minnesota. Anticipatory breach arises when it becomes clear that the other party cannot or will not perform the contract. If the other party fails to give an "adequate assurance", the party can declare the contract breached and sue for damages.

The Duty to Mitigate Damages in Minnesota

Posted by Christopher A. Jensen | Apr 13, 2020 | 0 Comments

This article looks at the "duty to mitigate damages" in Minnesota. Generally, a party to a civil case must “mitigate” damages by taking reasonable steps to limit his or her losses. If not, a judge could drastically reduce the amount of damages awarded to that party.

Conversion and Civil Theft Claims in Minnesota

Posted by Christopher A. Jensen | Mar 25, 2020 | 0 Comments

This article looks at conversion and civil theft claims in Minnesota. These claims can give a victim a money judgment on which to collect against the defendant. While the defendant might be prosecuted for criminal theft, a conviction or restitution order can aid the plaintiff in a civil case.

The Minnesota Statute of Frauds (And How It Affects Oral Contracts)

Posted by Christopher A. Jensen | Feb 24, 2020 | 0 Comments

Oral contracts are generally valid and enforceable. However, the Minnesota Statute of Frauds requires certain types of contracts to be in writing, otherwise they cannot be enforced. While there are exceptions to the Statute of Frauds, the exceptions are limited. The best practice is to put all significant contracts in writing, along with any changes to the contract.

Understanding Judgment Liens in Minnesota

Posted by Christopher A. Jensen | Jan 13, 2020 | 0 Comments

In Minnesota, a civil judgment that is docketed becomes a lien against “non-exempt” real estate owned by the debtor in that county. Foreclosing a judgment lien can be an excellent way to collect a large judgment. However, judgment liens don’t apply to all real estate and can be tricky to foreclose. The bottom line: the better you understand judgment liens, the better chance you have of protecting your interests in the judgment or your land.

Why You Should Respond to Subpoenas, Even if the President Can Legally Avoid Them.

Posted by Christopher A. Jensen | Oct 16, 2019 | 0 Comments

The President may have legal bases to avoid some of the congressional subpoenas, and may face few legal consequences for ignoring the subpoenas. However, if you are served with a subpoena, you should respond. You may have rights to quash or modify the subpoena. If you do not respond, you could be fined or jailed. It may be useful to contact an attorney if you receive a subpoena to produce information, since you may have a duty to protect customer information.

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