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  • Commentaries
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Minnesota Case Commentaries

Foreseeability as a Bar to Superseding-Cause Instructions in Innkeeper Negligence Cases

Foreseeability as a Bar to Superseding-Cause Instructions in Innkeeper Negligence Cases

Date: Jan 31, 2026
Foreseeability as a Bar to Superseding-Cause Instructions in Innkeeper Negligence Cases Case: Alvin Glay, trustee for the next of kin of Unity McGill v. R.C. of St. Cloud, Inc. Court: Supreme Court...
Tribal Standing to Challenge Racetrack Gambling Expansions Based on a Competition-Restricted Gaming Market

Tribal Standing to Challenge Racetrack Gambling Expansions Based on a Competition-Restricted Gaming Market

Date: Jan 22, 2026
Tribal Standing to Challenge Racetrack Gambling Expansions Based on a Competition-Restricted Gaming Market 1. Introduction In In the Matter of the Minnesota Racing Commission's Approval of Running...
Civil Investigative Demand (CID) Litigation Equitably Tolls Limitations Periods for Minnesota Attorney General § 8.31 Enforcement Actions

Civil Investigative Demand (CID) Litigation Equitably Tolls Limitations Periods for Minnesota Attorney General § 8.31 Enforcement Actions

Date: Jan 8, 2026
Civil Investigative Demand (CID) Litigation Equitably Tolls Limitations Periods for Minnesota Attorney General § 8.31 Enforcement Actions Introduction In State of Minnesota Office of the Attorney...
Post-Appointment Special-Election Ordinances in Statutory Cities: § 412.02, subd. 2a Permits Retroactive Application to Existing Vacancies and a Special Election Is Not “Removal” Under Article VIII, Section 5

Post-Appointment Special-Election Ordinances in Statutory Cities: § 412.02, subd. 2a Permits Retroactive Application to Existing Vacancies and a Special Election Is Not “Removal” Under Article VIII, Section 5

Date: Jan 2, 2026
Post-Appointment Special-Election Ordinances in Statutory Cities: § 412.02, subd. 2a Permits Retroactive Application to Existing Vacancies and a Special Election Is Not “Removal” Under Article VIII,...
State v. Douglas: Limiting Minnesota’s Good‑Faith Exception for Marijuana‑Odor Vehicle Searches

State v. Douglas: Limiting Minnesota’s Good‑Faith Exception for Marijuana‑Odor Vehicle Searches

Date: Dec 27, 2025
State v. Douglas: Limiting Minnesota’s Good‑Faith Exception for Marijuana‑Odor Vehicle Searches I. Introduction In State of Minnesota v. Raenard Romalle Douglas, A24‑0385 (Minn. Dec. 24, 2025), the...
Proportionality and Unemployment Fraud Penalties: Thigpen v. Best Home Care LLC and the Scope of the Excessive Fines Clause in Minnesota

Proportionality and Unemployment Fraud Penalties: Thigpen v. Best Home Care LLC and the Scope of the Excessive Fines Clause in Minnesota

Date: Dec 27, 2025
Proportionality and Unemployment Fraud Penalties: Thigpen v. Best Home Care LLC and the Scope of the Excessive Fines Clause in Minnesota Case: Christopher Thigpen v. Best Home Care LLC, Department of...
State v. Oliver: Recognizing Attempted First-Degree Assault-Harm as a Cognizable Offense Under Minnesota’s General Attempt Statute

State v. Oliver: Recognizing Attempted First-Degree Assault-Harm as a Cognizable Offense Under Minnesota’s General Attempt Statute

Date: Dec 12, 2025
State v. Oliver: Recognizing Attempted First-Degree Assault-Harm as a Cognizable Offense Under Minnesota’s General Attempt Statute I. Introduction In State of Minnesota v. Lisa Dawn Oliver, A23‑1062...
Bodily DNA, Inevitable Discovery, and Accomplice Testimony: A Commentary on State v. Steeprock

Bodily DNA, Inevitable Discovery, and Accomplice Testimony: A Commentary on State v. Steeprock

Date: Dec 5, 2025
Bodily DNA, Inevitable Discovery, and Accomplice Testimony: Commentary on State v. Steeprock, Minnesota Supreme Court (Dec. 3, 2025) I. Introduction The Minnesota Supreme Court’s decision in State v....
Section 204B.44 Is Election-Specific: Post-Election Petitions Are Moot and Cannot Be Reframed for Future Cycles

Section 204B.44 Is Election-Specific: Post-Election Petitions Are Moot and Cannot Be Reframed for Future Cycles

Date: Nov 15, 2025
Section 204B.44 Is Election-Specific: Post-Election Petitions Are Moot and Cannot Be Reframed for Future Cycles Introduction In Benda for Common-sense, a Minnesota Non-Profit Corporation, and...
Refusal of the Warrant-Specified Chemical Test Alone Supports Criminal Test-Refusal in Minnesota

Refusal of the Warrant-Specified Chemical Test Alone Supports Criminal Test-Refusal in Minnesota

Date: Nov 15, 2025
Refusal of the Warrant-Specified Chemical Test Alone Supports Criminal Test-Refusal in Minnesota Introduction In State of Minnesota v. Brian Russell Lueck, A24-0250 (Minn. Nov. 12, 2025), the...
Prejudice Established When Counsel Urges Plea Due to Unpreparedness: Minnesota Supreme Court Centers Defendant’s Decision-Making in Ineffective-Assistance Claims

Prejudice Established When Counsel Urges Plea Due to Unpreparedness: Minnesota Supreme Court Centers Defendant’s Decision-Making in Ineffective-Assistance Claims

Date: Nov 11, 2025
Prejudice Established When Counsel Urges Plea Due to Unpreparedness: Minnesota Supreme Court Centers Defendant’s Decision-Making in Ineffective-Assistance Claims Introduction In Tescil Romalis...
“Absolutely Privileged” in Minn. Stat. § 268.19, subd. 2(c) Is Immunity from Liability, Not an Evidentiary Bar: McBee v. Team Industries, Inc.

“Absolutely Privileged” in Minn. Stat. § 268.19, subd. 2(c) Is Immunity from Liability, Not an Evidentiary Bar: McBee v. Team Industries, Inc.

Date: Oct 30, 2025
“Absolutely Privileged” in Minn. Stat. § 268.19, subd. 2(c) Is Immunity from Liability, Not an Evidentiary Bar Commentary on Thaleaha McBee v. Team Industries, Inc., Minnesota Supreme Court (Oct. 29,...
Facial Bans on Transgender Women Are Direct Evidence of MHRA Discrimination; “Legitimate Business Purpose” Requires BFOQ‑like Necessity and Does Not Apply to Public Accommodations

Facial Bans on Transgender Women Are Direct Evidence of MHRA Discrimination; “Legitimate Business Purpose” Requires BFOQ‑like Necessity and Does Not Apply to Public Accommodations

Date: Oct 23, 2025
Facial Bans on Transgender Women Are Direct Evidence of MHRA Discrimination; “Legitimate Business Purpose” Requires BFOQ‑like Necessity and Does Not Apply to Public Accommodations Introduction In...
Nagle’s Rule: Corroboration of a CRI Tip Is a Factor—Not an Independent Requirement—But a Bare, One-Time Drug-Use Observation Within 72 Hours Does Not Establish Probable Cause

Nagle’s Rule: Corroboration of a CRI Tip Is a Factor—Not an Independent Requirement—But a Bare, One-Time Drug-Use Observation Within 72 Hours Does Not Establish Probable Cause

Date: Oct 23, 2025
Nagle’s Rule: Corroboration of a CRI Tip Is a Factor—Not an Independent Requirement—But a Bare, One-Time Drug-Use Observation Within 72 Hours Does Not Establish Probable Cause Introduction In State...
Employee-Benefit Only: Minnesota Supreme Court Narrows Recreational Program Exclusion and Clarifies “Reasonably Incidental” Employment Activities

Employee-Benefit Only: Minnesota Supreme Court Narrows Recreational Program Exclusion and Clarifies “Reasonably Incidental” Employment Activities

Date: Oct 23, 2025
Employee-Benefit Only: Minnesota Supreme Court Narrows Recreational Program Exclusion and Clarifies “Reasonably Incidental” Employment Activities Introduction In Erin Lindsay v. Minneapolis Public...
Riley v. Minnesota: Rule 27.03 Motions Are Not Time-Barred and PSIs/Sentencing Guidelines Do Not Control Mandatory Life Sentences

Riley v. Minnesota: Rule 27.03 Motions Are Not Time-Barred and PSIs/Sentencing Guidelines Do Not Control Mandatory Life Sentences

Date: Oct 23, 2025
Riley v. Minnesota: Rule 27.03 Motions Are Not Time-Barred and PSIs/Sentencing Guidelines Do Not Control Mandatory Life Sentences Introduction In Adrian Dominic Riley v. State of Minnesota, the...
Overpayment Recovery Requires an Independent Legal Bar at the Time of Payment; PCA Choice Care Plans Must Be Kept in Agency Files

Overpayment Recovery Requires an Independent Legal Bar at the Time of Payment; PCA Choice Care Plans Must Be Kept in Agency Files

Date: Oct 16, 2025
Overpayment Recovery Requires an Independent Legal Bar at the Time of Payment; PCA Choice Care Plans Must Be Kept in Agency Files Introduction In In the Matter of the SIRS Appeal by Best Care, LLC...
Pattern-Based Disbarment for Repeated Client Neglect, Dishonesty, and Unrefunded Flat Fees; Unconditional Refund Duty Reaffirmed — In re McCloud (Minn. 2025)

Pattern-Based Disbarment for Repeated Client Neglect, Dishonesty, and Unrefunded Flat Fees; Unconditional Refund Duty Reaffirmed — In re McCloud (Minn. 2025)

Date: Oct 16, 2025
Pattern-Based Disbarment for Repeated Client Neglect, Dishonesty, and Unrefunded Flat Fees; Unconditional Refund Duty Reaffirmed — In re McCloud (Minn. 2025) The Minnesota Supreme Court disbarred...
State v. Weeks: Expert-Supported Fair-Cross-Section Claims Require Postconviction Hearings; § 609.04 Bars Multiple Murder Convictions

State v. Weeks: Expert-Supported Fair-Cross-Section Claims Require Postconviction Hearings; § 609.04 Bars Multiple Murder Convictions

Date: Oct 16, 2025
State v. Weeks: Expert-Supported Fair-Cross-Section Claims Require Postconviction Hearings; § 609.04 Bars Multiple Murder Convictions Court: Minnesota Supreme Court Date: October 15, 2025...
Extraordinary Writs to Enforce Priority Admission Are Proceedings “Under Chapter 253B”: Appointed Counsel Required and County-Funded Fees Mandated

Extraordinary Writs to Enforce Priority Admission Are Proceedings “Under Chapter 253B”: Appointed Counsel Required and County-Funded Fees Mandated

Date: Oct 9, 2025
Extraordinary Writs to Enforce Priority Admission Are Proceedings “Under Chapter 253B”: Appointed Counsel Required and County-Funded Fees Mandated Introduction In In the Matter of the Civil...
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