7 results for 'judge:"Frisch"'.
J. Frisch affirms the district court's grant of summary judgment to the school district transportation service coordinators and consultants in the transportation service providers' suit against them stemming from the providers' loss of actual or prospective business. Breach of illusory contract is not a cognizable cause of action under Minnesota law, and the district court properly disregarded several statements that would not be admissible at trial in considering summary judgment motions. Breach-of-contract and tortious-interference claims were also properly dismissed. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: April 15, 2024, Case #: A23-0644, Categories: Interference With Contract, Contract
J. Frisch reverses the district court's order enforcing a settlement agreement reached in mediation proceedings. The district court correctly concluded that a party may authorize counsel to sign mediated settlement agreements, but erred in concluding that the record had sufficient evidence to establish the existence of an enforceable and signed agreement. Given the parties' disputes over the validity of any such agreement, the case is remanded for further proceedings and the district court may, on remand, reopen the record and allow for additional discovery. Reversed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: March 4, 2024, Case #: A23-0884, Categories: Settlements, Mediation
J. Frisch affirms the district court's grant of summary judgment to the city in the landlords' suit seeking to overturn an ordinance barring landlords from discriminating against prospective tenants on the basis of their receipt of public assistance. The ordinance does not effect a physical or regulatory taking under the Minnesota Constitution, nor is it preempted by the Minnesota Human Rights Act.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: January 16, 2024, Case #: A23-0191, Categories: Constitution, Preemption, Housing
J. Frisch affirms the district court's denial of the purchaser's motion for a temporary injunction halting the cancellation of the sale of a mall. The district court was not obligated to presume the existence of irreparable harm should injunctive relief be denied, and the fact that the dispute concerns the purchase of real estate does not change that. It also did not abuse its discretion in concluding that the purchaser did not demonstrate irreparable harm as required. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: December 11, 2023, Case #: A23-0598, Categories: Property, Contract, Injunction
J. Frisch grants a writ of prohibition requested by the attorneys of a woman who accused former Minnesota Vikings player Dalvin Cook of domestic assault, which would preclude enforcement of a discovery order compelling the disclosure of information which they assert is protected by attorney-client privilege and the work-product doctrine. The district court abused its discretion in finding that the attorneys' decision to share their final civil complaint with the press before filing it in court resulted waiver of those privileges.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: November 6, 2023, Case #: A23-0309, Categories: Discovery, Privilege, Assault
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J. Frisch partially affirms the district court's award of restitution in a murder case. While the district court did not err in calculating restitution without considering GoFundMe campaign proceeds available to the crime victim or in finding that the state had reached its burden to show that a victim-reimbursement program had sustained an economic loss equal to the amount it provided to the victim, the court did err in failing to include a payment schedule or structure in its restitution order. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: September 5, 2023, Case #: A23-0213, Categories: Murder, Restitution
J. Frisch reverses the defendant's sentence for drug and firearm-related offenses, finding that he did not expressly or implicitly waive his right to counsel after dismissing his existing counsel, and so should not have been required to proceed pro se at his sentencing hearing. The district court did not advise the defendant of the consequences of discharging his counsel or proceeding pro se at the sentencing. Reversed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: August 21, 2023, Case #: A22-1333, Categories: Drug Offender, Sentencing, Self Representation