Eagan, MN
Construction and development Lawyer at Eagan, MN
Practice Areas: Construction & Development, Criminal Defense ... +3 more
OUTCOME: MN court applied Wis. Civil Theft Act with MN Theft by Contractor law and awarded triple damages.
Wisconsin fence installer obtained substantial fence materials, installed them, was paid by landowner but did not pay Midwest Fence.For the first time, a Minnesota court applied the Wisconsin Civil The ... ft Act in conjunction with Minnesota Theft by Contractor law and awarded triple damages to unpaid supplier.
OUTCOME: After applying 3 statutes together, case settled for about twice the amount of actual damages.
Sub contractor/supplier sued individual owners of construction company for unpaid work on 3 large construction projects. Court applied MN theft by contractor law with the Minnesota and Wisconsin Civil ... Theft Acts. Case subsequently settled for approximately double the amount of actual damages.
OUTCOME: Established exception to the law of fraud. A fraud is committed where one makes a statement as to future events not intended or expect to occur.
Stephen Cardot entered into a corporate governance agreement whereby he relinquished operational control of his company to another shareholder upon the promise the shareholder would seek outside invest ... ment to make the company successful. Cardot alleged, and Court of Appeals accepted, that where the other shareholder did not actually intend to do so; it satisfies the elements of civil fraud.
OUTCOME: Won at trial court and in the Minnesota Court of Appeals
Customer of lumber company sought to assert the defense of usery to avoid payment of revolving account. He claimed 1.5% monthly service charge upon unpaid balance was usurious. Minnesota Court of Appea ... ls rejected that defense and clarified unsettled state of the law in Minnesota. Court held: In most instances of accounts where recurring purchases are expected; 1.5% service fee is not usurious under state or federal law.
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