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Duty to Defend

Where a class action was brought against the insured, a manufacturer of glucose monitors, alleging that monitors were defective and seeking recovery for the cost of the monitors and supplies; and the class action lawsuit specifically disclaimed any personal injury ...

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Major Economic Offense

Where defendant was convicted of receiving profits from prostitution; defendant admitted to taking the earnings of 13 women; the offense occurred over a seven-month period; and defendant used direct “employees” and “contractors,” used multiple business phones and a phone chain ...

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Adverse Possession

Even though the disseizor’s evidence “invites skepticism” regarding the continuity and adversity of the use of a strip on Lot 19 by owners of Lot 18, in part because of the varying uses of multiple owners over the years and ...

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Amendment of Petition; Reasonable Efforts

Where, on the day of trial, the county moved to amend its petition to add abandonment and palpable unfitness as statutory bases to terminate father’s parental rights, and father’s counsel objected, we conclude that the District Court abused its discretion ...

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Corroboration in Trial to the Bench

Under Minn. Stat. sec. 634.04 (2004), an adjudication of delinquency may not be based on uncorroborated testimony of an accomplice. In a trial to the bench, a District Court must determine whether a witness could reasonably be considered to be ...

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Child Support Modification

An increase in a child support obligor’s income, when the obligor already enjoys the benefits of an award deviating downward from statutory guidelines, often represents a change in circumstance under the governing statute that is rebuttably presumed to justify an ...

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Acts over “Extended Period of Time”

Depending on the victim’s age, a person commits either first-degree or third-degree criminal sexual conduct by engaging in multiple acts of sexual abuse committed over “an extended period of time” with a minor. Minn. Stat. sec.sec. 609.342, subd. 1(h)(iii), 609.344, ...

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State Trooper’s Authority

Minn. Stat. sec. 299D.03, subd. 1(b)(12) (2006), grants Minnesota state troopers the authority to stop and arrest individuals anywhere in the state for public offenses committed in the state trooper’s presence.Thus, the state trooper in this case had the authority ...

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Vacated by Court

A District Court may not sua sponte vacate a defendant’s guilty plea over his objection.Thus, where defendant successfully challenged his sentence after Blakely was decided but did not seek to disturb his guilty plea or conviction, the District Court erred ...

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