Ngo v. Storlie, 495 F.3d 597
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07/26/07 |
On claim that defendant, a Minneapolis police officer, violated plaintiff's civil right by shooting him while he was working as an undercover police officer, the district court did not err in denying defendant's motion for summary judgment based on qualified immunity; plaintiff presented sufficient evidence in support of his claim to allow a reasonable jury to find that the use of force was not objectively reasonable; further, there was a genuine issue of material fact as to whether a reasonable officer faced with the circumstances would have believed his conduct - firing a semi-automatic weapon at a kneeling, unarmed man - was legal. |
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Kuehl v. Metropolitan Airports Commission
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07/17/07 |
| The Minnesota Court of Appeals reversed the district court's denial of the Metropolitan Airport Commission's motion for summary judgment. In granting dismissal to the MAC, the court of appeals held the mere slipperiness doctrine was applicable to the facts of the case because plaintiff could not establish the parking ramp where she fell was operated by the MAC for profit. Moreover, the court of appeals held the "artificial condition" exception to the application of the mere slipperiness doctrine did not apply because the slope of a parking surface is not an artifical condition within the scope of the exception. |
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Saarela v. Minnesota FAIR Plan
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07/15/07 |
| Summary dismissal of bad faith, misrepresentation, and Unfair Claims Practices Act claims against defendant Minnesota FAIR Plan. The judge further limited the scope of available insurance coverage and allowed FAIR Plan's counterclaims to advance to trial. |
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Tonicstar Limited v. Lovegreen Turbine Services, Inc., Flint Hills Resources, LP
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08/25/06 |
In a declaratory judgment action, the U.S. District Court of Minnesota ruled that the client insurer had no duty to defend or indemnify its insured in an underlying case that alleg ed the insured left rags in a compressor and caused $1.7 million in property damage and business income losses. The court found that the underlying plaintiff's damages were caused by the insured's "abandoned and unused materials," thus excepting it from the client insurer's Products-Completed Operations Hazard coverage of the CGL policy. |
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Hies v. Acordia of Minnesota
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04/26/06 |
Ordering transfer of an employee's preemptively filed Wisconsin declaratory judgment action to Minnesota and rejecting application of Wisconsin law to nonsolicitation dispute centered in Minnesota. |
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Fessler v. MAC, et al
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04/25/06 |
| Summary judgment granted for client on Section 1983, Section 1986 and other state law claims arising out of plaintiff's arrest at the international airport. |
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Okrakene v. MN FAIR Plan, et al.
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03/21/06 |
| Won summary judgment that was affirmed on appeal to the Minnesota Court of Appeals, holding an insurer does not need to give statutory notice of cancellation where the policy expired and the insured failed to pay for renewal. |
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Shamblott v. Jusczak, et al.
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02/15/06 |
| Summary judgment for landlord client; landlord had no duty of care to tenant for mold condition in bedroom closet caused by missing storm collar on roof about which he was unaware. |
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