Case Results

Local Restaurants Claim Settled With New Contract

In lawsuit for unpaid supplies against two related local restaurants, a creative settlement was obtained that included a new contract to do further business with plaintiff instead of pay over $80,000.00 in damages claimed.

Social Media Manager’s Past Due Wages Recovered Via Settlement

MKT Law successfully recovered by settlement three years of back pay for a social media manager employed by a family business. The media manager has not been paid for his successful marketing services since the business’s inception.

Construction Company Owner Personally Liable On Oral Agreement To Split Profits And For Unpaid Wages

Despite making a tidy profit and after pocketing it all for himself, MKT Law was able to successfully enforce an oral agreement to split the profits with a business partner and proved the company failed to pay a superintendent wages for about 12 weeks. Because of evidence uncovered during discovery, the Court found the owner personally liable despite his company being incorporated by piercing the corporate veil. The owner had personally taken the profits and wages and kept them for himself and the company was left broke. The Court granted MKT Law’s motion for summary judgment, based on complicated, but documented account ting figures, and awarded the plaintiff all of his attorney’s fees and costs on top of all of the damages for lost profits and unpaid wages claimed in the lawsuit.

Trial Victory For Landlord

A tenant had sued MKT Law’s client-landlord for allegedly failing to properly maintain and make repairs to an apartment in the upper level of an older home. Following 3 days of trial in Ramsey County and facing a statute many believe is very friendly to tenants in cases like this, the landlord prevailed on all claims and was not liable to tenant for any damages and not ordered to make any repairs or take any actions.

Settlement Obtained And No Spoliation Of Evidence

Construction defect case involving historic Minneapolis mansion settled for client-architect and defeated summary judgment on defendants’ claims for spoliation of evidence due to remedial work beginning allegedly before contractor could inspect damage caused by contractor to property could be inspected after multiple mediations and one month before trial.

Settlement By State About Three Hours After Case Served

A Saint Paul home healthcare provider, suspected of overbilling and fraud, was raided by state officials who seized almost all businesses records available and copied all computer drives. The business ran two separate and distinct state programs and the search warrant only covered one. MKT Law sued the State and responsible state agencies and immediately brought a motion for a temporary restraining order based on an illegal search and seizure. About three hours after being served with the action and motion, the State agreed to a settlement and the case was dismissed. Due in part to the successful litigation, the business was able to operate for more than six additional months instead of being shut down immediately and forced to terminate the jobs of around 100 employees without any warning.

Liquidated Damage Clause Upheld As Unlawful Penalty

Obtained affirmance in Minnesota Court of Appeals of district court’s decision that a termination fee labeled as liquidated damages in contractor’s home renovation contract was invalid and unenforceable as a penalty. Contractor’s claim for a mechanic’s lien was properly denied and contractor actually owed homeowner refund instead of contractor’s claimed damages of more than $75,000.00. Cited in Calculating Construction Damages, Section 14.02 (2012, 2011, 2013), Clauses that the Owner Should Include in its Contract with General Contractor.

Half-Million Dollar Judgment Reversed

Obtained reversal in Minnesota Court of Appeals of damage award in excess of $475,000.00 against landlord/property owner. Trial court entered judgment for tenant following a bench trial over a right-of-first-refusal in a wild rice farm lease. Counsel was able to show as a matter of law that agency relationship existed, tenant’s agent had apparent authority and agent received actual notice of proposed sale in accordance with lease. Trial court’s liability determination fully reversed and judgment vacated upon remand.

Denial Of Constructive Trust And Unjust Enrichment Claims Upheld

Obtained affirmance in Minnesota Court of Appeals of district court’s summary judgment declining to impose a constructive trust on the proceeds of a payable-on-death certificate of deposit and dismissing claim for unjust enrichment.

No Personal Jurisdiction Case Voluntarily Dismissed Based On Motion Not Heard

A California company was sued by what it thought was another California company in Minnesota. As it turned out, the company suing MKT Law’s California client was actually a Minnesota company under newer management. With no real ties to this state, MKT Law was able to move for a dismal on the grounds of the Court was lacking personal jurisdiction over its out-of-state client. The motion was never heard due to the Minnesota Company agreeing to dismiss the case voluntarily before the motion was even responded to or argued.

No Liability For Neighbors’ Claimed Damages In Excess Of $1.3M

Obtained dismissal in U.S. District Court, District of Minnesota in neighbor dispute alleging trespass, loss of value to real estate and Section 1983 claims (governmental co-defendant) and constitutional violations with demand in mediation in excess of one million dollars. No counteroffer made at mediation and motion to dismiss was brought and granted in full dismissing whole case with no award of damages.

Denial Of Motion To Amend On Eve Of Trial Reversible Error

Obtained reversal and remand for further proceedings from a Bankruptcy Panel of the U.S. Court of Appeals for the Eighth Circuit. In an adversary proceeding, the Bankruptcy Court in Minnesota denied a motion for leave to amend the complaint that was filed five days before trial but the same day the debtor had disclosed evidence showing the debt was used to pay the IRS. The proposed amended claim was under 11 U.S.C. § 523(a)(14) which generally excepts from discharge any debt “incurred to pay a tax to the United States.” Following remand, Bankruptcy Court found in favor of client that her claim was exempt from discharge and entered judgment in her favor for amount claimed. Cited/discussed by numerous publications including Wright & Miller Federal Practice and Procedure; Ginsberg & Martin on Bankruptcy; Bankruptcy Law Manuel; American Bankruptcy Institute, Consumer Law Update; West Bankruptcy Newsletter; among others.

Enforceability Of Settlement Agreement Read Into Record Affirmed

Obtained affirmance in Minnesota Court of Appeals of district court’s granting of motion to enforce settlement agreement read into record but never reduced to signed document over apartment building owner’s arguments of unilateral mistake in believing that the pre-payment penalty would be waived if the property was sold because it was not a valid basis to rescind his settlement agreement with bank and bank did not have duty to inquire into owner’s error or if he knew pre-payment penalty under mortgage was not waived.

Exclusion Of Expert Witness Required New Trial; New Doctrine Of Law Recognized

Obtained reversal in Minnesota Court of Appeals of conviction following jury trial with case remanded and a new trial ordered due to trial court’s decision to exclude expert testimony which was not harmless. Client released from prison pending review of decision by Minnesota Supreme Court. Client died due to poor health reasons after certiorari granted, case briefed and argued but before Supreme Court decision. Counsel moved Supreme Court to recognize for the first time in Minnesota the doctrine of abatement ab initio (if a defendant dies before his appeal is finally decided, then the case is terminated and the charges against him are extinguished so he dies as if never charged or convicted of the crime). Over vigorous opposition by the State, the motion was granted and the Supreme Court dismissed appeal as moot, vacated defendant’s conviction and remanded case to trial court for dismissal of complaint. Cited by numerous publications including 87 A.L.R.5th 693;14 U.C. Davis J. Juv. L. & Pol’y 1 , 57; 36 Wm. Mitchell L. Rev. 186 , 219; Minnesota Practice Series;

Tip-Splitting And Wrongful Termination

A former waitress sued MKT Law’s restaurant/bar client in outstate MN for tip-splitting and wrongful termination in the amount of about $112,000.00, which—if Plaintiff prevailed—would be doubled under the statute and have attorney’s fees added to it, for a total over $300,000.00. After a week-long trial, the jury found no wrongful termination occurred and Plaintiff was not fired for reporting or refusing to work due to the tip-splitting policy, but found a violation of the tip-splitting statute—which the restaurant/bar argued did not apply because the restaurant/bar employees worked as a team, but otherwise admitted. The jury awarded Plaintiff only about $1,500.00 for violating the tip-splitting statute, no back wages, no future wages, no past emotional distress, and no future emotional distress damages.