Common Enterprise defense in an employee’s third party action under Minn Stat. Sec. 176.061. When analyzing the “same or similar hazards” McCourtie factor to determine whether the employer and a third party were engaged in a common enterprise, a court must look at the general risks employees are exposed to and not solely the exact risk that caused the injury at issue. Schirmers v. Cnty. of Anoka, No. A14-2019 (Minn. Ct. App. July 20, 2015) (unpublished) … [Read more...]
Midwest Constr. & Distribution Indus. Benefit Trust v. Ferguson Enterprises, Inc., No. 0:14-CV-00853-ADM-HB (D. Minn. July 14, 2015)
An employer may, in certain circumstances, raise the defenses of waiver and laches when a plaintiff brings a claim under § 515 of ERISA. Midwest Constr. & Distribution Indus. Benefit Trust v. Ferguson Enterprises, Inc., No. 0:14-CV-00853-ADM-HB (D. Minn. July 14, 2015). … [Read more...]
Hous. Redevelopment Auth. of Redwood Falls v. Hous. Auth. Prop. Ins., No. 0:14-CV-04741-PAM-HB (D. Minn. July 14, 2015).
Minnesota courts typically treat appraisal awards as arbitration awards, and a party cannot collect pre-award interest when their contract specifies that the party cannot receive payment on a loss until after the appraisal panel issues an award. Hous. Redevelopment Auth. of Redwood Falls v. Hous. Auth. Prop. Ins., No. 0:14-CV-04741-PAM-HB (D. Minn. July 14, 2015). … [Read more...]
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