A Minnesota Mechanics Lien Surprise! Building A House From Start To Finish May Not Be “One Continuous Project”

Update (November 27, 2012): The Minnesota Supreme Court has accepted Big Lake for review.  Original Post (September 8, 2012): In Big Lake Lumber v. Security Property Investments, Inc. et. al, the Minnesota Court of Appeals ruled that a contractor’s mechanics lien can take priority over a previously-recorded mortgage only if the contractor’s work related back…

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A Minnesota First: Court Addresses When Duty To Indemnify Arises Under Title Insurance Policy

In a case of first impression in Minnesota, District Court Judge Ann Montgomery ruled on an important question in title insurance circles: When is a lender’s loss under a title insurance policy measured? This decision, in Associated Bank v. Stewart Title, is important (and worth watching for appeals) not only because it is the first Minnesota case to address the…

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New Minnesota Trespass Case: Bad Smells v.s. Chemical Spray

Update (August 2, 2012): The Minnesota Supreme Court knocked a blow to mom and pop organic farmers yesterday in its ruling in  Johnson v. Paynesville Farmers Union Coop.  The Court disagreed with the Minnesota Court of Appeals, and affirmed the trial court’s ruling that pesticide overspray does not constitute trespass in Minnesota. 

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Minnesota Court Rejects “Blame The Lawyer” Argument In Construction Insurance Dispute

The Minnesota Court of Appeals has rejected the “Blame the Lawyer” argument.  In Remodeling Dimensions, Inc. v. Integrity Mutual Insurance Co., a contractor argued that its attorney’s representation was so bad as to constitute a breach of the insurer’s obligation to appoint counsel.   As Shakespeare said, “The first thing we do, let’s kill all the…

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