On January 13, 2022, the United States Supreme Court ruled, in a 6-3 decision, granted an emergency stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) requiring employers with at least 100 employees “to ensure their workforces are fully vaccinated or show a negative test at least once a week.” In the per curium...

In the recent decision, In re: Musel, the United States Bankruptcy Court for the District of Minnesota held that tribal payments are not considered a property interest of a bankruptcy estate when federal law governs and the tribe expressly rejects defining the payments as a property interest. Brenda Jo Musel (hereinafter “Debtor”) was a member...

Governor Walz has agreed to end the peacetime emergency on July 1st. He had planned for his executive orders to expire on August 1st. However, in negotiations with Senate Republicans, he agreed to end his emergency powers tomorrow. Two of his executive orders have a direct impact on banking: 1. Garnishments and Levies Executive Order...

At some point in their careers, most lenders who finance borrowers with real estate collateral will see at least some of their borrowers go through a real estate foreclosure. Depending upon the nature of the real estate foreclosed upon—and the State where the foreclosure is taking place—a lender must usually be mindful of applicable “redemption...

On May 26, 2021, the Minnesota Supreme Court filed its decision in Honke v. Honke. In that case, ex-wife received post-divorce cash gifts from her parents of $500,000.00 during the time she was also receiving spousal maintenance from her ex-husband. Ex-husband asked the trial court to reduce or terminate his spousal maintenance based on the...

Documentation is one of the easiest ways for an employer to preserve evidence in a case. Ideally, employers should document every action and decision taken concerning incidents, complaints and disciplinary actions in the workplace, no matter how small the issue may seem. An employer’s documentation should build a timeline from when the incident was reported...

The Minnesota Court of Appeals recently decided a case involving a dispute between two financial institutions that may have important impacts on how to approach settlement negotiations with defaulting borrowers going forward. The lawsuit involved Student Loan Finance Corporation (“SLFC”) which was indebted to Great Plains Educational Foundation, Inc. (“Great Plains”) pursuant to a $13.25...