Imputing Income for Child Support Calculation
In a divorce involving minor children, one of the issues that the parties and the court are tasked with deciding is the amount of child support. Child support is paid by one parent to the other for the benefit of any children of the marriage. The amount of child support, if any, is determined based […]
Child Custody Disputes Across Two States
Disputes over child custody in a divorce or between unmarried parents can lead to highly contentious and emotionally charged conflicts. The final determination regarding custody is also a complex one, given the many subjective factors applied by the court in such decisions. In some child custody cases, matters are complicated further because the parents and […]
Minnesota Motorcycle Accidents
Riding a motorcycle is exhilarating and, in many situations, may be more economical than driving a car or truck. It is also the riskier mode of transportation given the relative lack of protection for the rider. Even when wearing the appropriate helmet and protective gear, a motorcycle rider is likely to suffer serious injuries if […]
Piercing the Corporate Veil – Personal Liability for Corporate Debts
Forming a corporate entity is often one of the first items checked off of the to-do list for a new business. Although not essential in every case, creating a corporation or LLC provides a number of benefits to start-up business owners – not least of which is the protection from individual liability for the debts […]
Protecting Your Professional License after a DWI Arrest
Every licensed professional must adhere to the standards of their industry to stay on the right side of the licensing board. A violation of ethics or malpractice while serving a client can result in a disciplinary action – whether that be a fine, suspension, or the permanent revocation of the license. Licensing standards do not […]
What Are Nominal Damages and What Is Their Purpose?
In every personal injury or other tort case, the plaintiff must prove damages as an essential element of her claim. In other words, the plaintiff must demonstrate that she suffered some harm. Damages may consist of easily quantifiable costs such as the expense of medical bills or lost wages, or less tangible but equally significant […]
Criminal Records in the Employment Screening Process
In the job application process, few factors can hold an otherwise qualified candidate back like a criminal record. If you have experienced this problem, you are not alone. Approximately a quarter of all Americans have an arrest or conviction on their record. Fortunately, an employer’s use of criminal records in the employment screening process is […]
What Is Comparative Fault?
If you are hurt in an accident, you are eligible to sue the responsible party and receive compensation for your injuries. You may already be aware of that fact, especially if you have spent some time on the Personal Injury section of our website. You may also have guessed (correctly) that you won’t have much […]
When to Consider a Legal Separation in Minnesota
In Minnesota, obtaining a legal separation is a way to decide many of the issues involved in a divorce without completely ending the marriage. The process is somewhat similar to divorce in that it requires filing a petition in Family Court and serving the other spouse. At the conclusion, the Court will issue orders with […]
Protecting Your Franchise Business in Minnesota
At Collins, Buckley, Sauntry, & Haugh, PLLP, our team of corporate law attorneys is focused on protecting our clients’ businesses from any and all legal threats. We often represent franchisees and find that, as a group, these business owners face a unique set of legal concerns stemming from the franchisor-franchisee relationship. Typically, franchises are controlled […]
Employment Retaliation Protection in Minnesota
In Minnesota and across the US, employees who report their employers’ wrongdoings are protected from retaliation. The various anti-retaliation laws that apply to Minnesota workers serve to encourage individuals to report illegal activity without fear of being fired or some other form of reprisal. Anti-retaliation laws can be found within provisions of broader state and […]
Preparing for Your Deposition
Depositions are an important part of the discovery phase of a lawsuit, during which both sides gather information and evidence to use at trial. A deposition is an opportunity for the opposing lawyer to ask you questions about the case in person and under oath. Given that the majority of civil cases settle before trial, […]
When to Use an S Corporation
When starting a new business, one of the first choices that must be made is which type of business entity to use. In recent years, Limited Liability Companies (LLC’s) have become increasingly popular for small businesses while the traditional corporation (known as a C corporation) continues to be the standard choice for large companies. The […]
Are English-Only Workplaces Permitted?
One of the trickier problems on the employment discrimination front is the issue of requiring employees to speak English on the job. Although there are obvious reasons for wanting to implement such a policy, employers must tread carefully in doing so as it may run afoul of the Equal Employment Opportunity Commission’s (EEOC) discrimination rules, […]
The Burden of Proof in a Civil Trial
Before bringing a civil case to court, it is important to understand what you are up against. Of course, having an understanding of the elements that must be established in each particular claim is a good start. But it is equally important to know what kind of burden you must bear, as the plaintiff, in […]
Modifying Child Custody and Parenting Time Arrangements
The aftermath of any divorce involving children will include arrangements as to how child custody and parenting time is split between the parents. As the children grow and living circumstances change, however, one or both parties may find that the custody and parenting time orders no longer fit. In those situations, Minnesota law provides an […]
Mechanic’s Liens in Minnesota
For anyone involved in commercial or residential construction, mechanic’s liens are an important concept to be aware of and understand. The Minnesota mechanic’s lien statute allows anyone who has supplied materials or performed work on a project to protect their right to get paid by putting a lien on the property. Subject to the requirements […]
What is Constructive Discharge?
When an employee is terminated or fired from their job, there are significant implications for both employer and employee beyond the severed relationship. For example, the former employee may be able to collect unemployment benefits as long as they were not fired for misconduct or some other justified cause. Terminating an employee also opens the […]
When Is an Arbitration Agreement Enforceable?
Arbitration is a form of alternative dispute resolution that is less formal and typically less costly than litigation. The arbitration process provides for the efficient resolution of conflicts before a neutral arbitrator according to standardized rules set out in either the Revised Uniform Arbitration Act (RUAA) on the state level or the Federal Arbitration Act […]
How Long Does Alimony Last in Minnesota?
Spousal support, often known as alimony, is the recurring payment by one spouse to the other after a divorce. The purpose of alimony is to help the receiving spouse maintain their standard of living. It is often ordered by the court to benefit a spouse that has given up education or professional opportunities to be […]