Minnesota Supreme Court Watch

Minnesota Supreme Court Watch follows cases pending before the Minnesota Supreme Court. Distributed as an e-newsletter, it provides highlights of key topics up for review (below) and a summary of issues and links to respective Minnesota Court of Appeals decisions. To sign up for Minnesota Supreme Court Watch, please  us.

>>Minnesota Supreme Court Watch - Current Issue (PDF)

Issues Before the Supreme Court

The Minnesota Supreme Court has more than 40 civil cases pending. 

Important topics and issues include:

• Right to a jury trial for attorneys’ fees, United Prairie Bank v. Haugen Nutrition;
• Regulatory taking by zoning, DeCook v. Rochester International Airport; 
• Liability for injuries from a fall when a jury has determined the visitor and school are equally at fault, Staab v. Diocese of St. Cloud;
• Reformation and rescission of a contract for a stock sale, SCI Minnesota Funeral Services, Inc. v. Washburn-McReavy Funeral Corp.;
• No-Fault Act and the business use exclusion, Latterell v. Progressive Northern Ins.;
• Qualification for deferred property tax payment, Crossroads Church of Prior Lake v. County of Dakota; and,
• Discharge of a portion of an easement by eminent domain, Larson v. State.

View all pending Minnesota Supreme Court Civil Cases, here.

Recently Decided Cases

Whistleblower

The Court affirmed the judgment overturning a jury verdict in favor of the employee in a lawsuit brought by an in-house general counsel under the Minnesota Whistleblower Act.  The plurality opinion held that the in-house counsel was not engaged in protected whistleblowing when he advised management of corporate activities that he considered illegal because the employee presented no evidence from which a jury could conclude that his purpose in sending the e-mail was anything other than the performance of his assigned responsibilities as in-house counsel.  The Chief Justice joined only in the result, and would bar the employee’s recovery based on the doctrine of forfeiture due to a violation of fiduciary duty.  The dissent concluded that there was sufficient evidence for the jury to conclude that the employee’s e-mail was not merely a routine report but instead was made with the intention of “blowing the whistle.”  Kidwell v. Sybaritic, Inc.

Insurance Coverage

A right to equitable contribution exists where one primary insurer covers the same risk for the same insured and the insurer discharges a common obligation belonging to another insurer.  The Court overruled Iowa National Mutual Insurance Co. v. Universal Underwriters Insurance Co., 276 Minn. 362, 150 N.W.2d 233 (1967) and its progeny to hold that a co-primary insurer has a right to contribution from other primary insurers that have a duty to defend the insured.  Cargill, Inc. v. Ace Am. Ins. Co.

Minnesota Supreme Court Watch Archives

April 2010 (PDF)

January 2010 (PDF)

November 2009 (PDF)

September 2009 (PDF)

July 2009 (PDF)

May 2009 (PDF)

March 2009 (PDF)

January 2009 (PDF)

November 2008 (PDF)

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