Opinions Archive

A plaintiff may not overcome a court-appointed receiver’s quasi-judicial immunity based merely on the receiver’s having improper motives in the exercise of his duties when his acts were within the scope of his authority. Reversed.

1. When deciding a motion to compel arbitration under Minnesota Statutes section 572B.07(a) (2024), the district court must decide, as a threshold matter, whether there is “a grievance arising under a collective bargaining agreement” within the meaning of Minnesota Statutes section 572B.06(b) (2024), and, if so, order the parties to arbitrate “whether an agreement to arbitrate exists or [the] controversy is subject to an agreement to arbitrate.” 2. A “grievance arising under a collective bargaining agreement,” as that phrase is used in Minnesota Statutes section 572B.06(b), means an allegation of a violation of a collective bargaining agreement that a party seeks to resolve by invoking a procedure in the collective bargaining agreement. Reversed and remanded.

Relator challenges the decision of an unemployment-law judge (ULJ) finding him ineligible for unemployment benefits because he did not quit his employment for a good reason. We affirm.

This appeal concerns the purchase of a townhouse on a contract for deed. The buyer did not comply with all terms of the contract for deed, but the sellers never canceled or terminated it. The district court found that the buyer committed a material breach of the contract for deed but did not abandon it. The district court determined the buyer’s pay-off amount, ordered the buyer to pay that amount to the seller within 60 days, and ordered the seller to deliver a warranty deed to the buyer upon receiving that payment. We affirm.

Relator Mindak Commercial Construction LLC challenges a citation it received for violating regulations requiring employees to use fall protection at a construction site. An administrative-law judge (ALJ) upheld the citation, and the Minnesota Occupational Safety and Health Review Board (the board) affirmed the ALJ’s decision.

In this certiorari appeal, relator employee challenges the decision of an unemployment-law judge (ULJ) that he is ineligible for unemployment benefits because he was discharged for employment misconduct and aggravated employment misconduct.

Appellant challenges his fifth-degree assault conviction, arguing that the testimony of two law-enforcement officers deprived him of his right to a fair trial. We affirm.

On appeal from a denial of a motion for sentence correction under Minn. R. Crim. P. 27.03, subd. 9, appellant argues that the district court erred by determining that he is not entitled to credit for time he spent in custody in Mexico and that his challenges to his consecutive sentences and upward durational departure are barred by the law-of-the-case doctrine. We conclude that the law-of-the-case doctrine bars appellant’s challenges to his consecutive sentences and upward durational departure. But we conclude that appellant is entitled to custody credit under the interjurisdictional custody-credit rule and Minn. R. Crim. P. 27.03, subd. 4(B), for the time appellant spent in custody in Mexico solely in connection with the kidnapping and murder offenses for which he was later charged, convicted, and sentenced in Minnesota. We therefore affirm in part, reverse in part, and remand.

Appellant argues that the district court abused its discretion by revoking his probation after concluding that the need for confinement outweighed the policies favoring probation. We affirm.

A district court determined that the apartment unit that appellant Highland Management Group Inc. rented to respondent Richard Whitman was uninhabitable due to a bed-bug infestation, granted Whitman’s request for rent abatement, and awarded him partial recovery of expenses that he incurred as a result of paying for alternative housing during the period the apartment was uninhabitable. We affirm.