Posted on 12/03/2015

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Posted on 12/03/2015

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Morrison Sund is pleased to acknowledge Erika Stein Rosenhagen’s nomination as chair of the board of the Minnesota chapter of Positive Coaching Alliance, a national organization working to change the culture of youth sports through its mission: Better Athletes, Better People. 

About Positive Coaching Alliance

Positive Coaching Alliance (PCA) develops BETTER ATHLETES, BETTER PEOPLE through resources for youth and high school sports coaches, parents, administrators and student-athletes. In addition to hundreds of free audio-video and printable tips and tools at www.PCADevZone.org, PCA has partnered with roughly 3,000 schools and youth sports organizations nationwide to deliver live group workshops, online courses and books by PCA Founder Jim Thompson that help those involved in youth and high school sports create a positive, character-building youth sports culture.

PCA workshops and courses, which have impacted more than 7.5 million youth through 2014, strive to transform high school and youth sports into a Development Zonetime, where the goal is to develop Better Athletes, Better People and the following become the prevailing models in youth and high school sports:

  • The Double-Goal Coach®, who strives to win while also pursuing the more important goal of teaching life lessons through sports.
  • The Second-Goal Parent®, who concentrates on life lessons, while letting coaches and athletes focus on competing.
  • The Triple-Impact Competitor®, who strives to impact sport on three levels by improving oneself, teammates and the game as a whole.

PCA gains support from a National Advisory Board, including National Spokesperson and 11-time NBA Champion Coach Phil Jackson, and many other top coaches, athletes, organization leaders and academics who share PCA’s mission.

Posted on 12/03/2015

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Morrison Sund Real Estate Transactions

June 2015

Represented seller in connection with subdivision and $2,700,000 sale of industrial/warehouse property located in Minnesota.

Represented seller in connection with $1,670,000 sale of commercial property in Minnesota.

August 2015

Represented borrower in connection with $3,125,000 Freddie Mac loan for multi-family property in Minnesota.

Represented non-profit church group in connection with subdivision and sale of commercial property in Minnesota.

September 2015

Represented lender in connection with $2,640,000 mortgage loan for commercial retail property in Minnesota.

Represented buyer in connection with $3,147,000 acquisition of office/industrial property in Minnesota.

Posted on 09/09/2015

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Morrison Sund is proud to announce our attorney, James Clay has been named the 2016 Five Star Financial Services Professional. Congratulations!

http://www.fivestarprofessional.com/research

 

 

Posted on 08/31/2015

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Eric Nasstrom and Ryan Dreyer represented client Hazeltine Gates, LLC in an action in which Hazeltine Gates alleged that its former tenant violated Minnesota’s Uniform Fraudulent Transfer Act (“MUFTA”).  The tenant ceased paying rent to Hazeltine Gates.  Several months later, the tenant sold its assets to a new entity that had the same officers and employees, provided the same professional services, and except for the space owned by Hazeltine Gates, operated out of the same locations.  Hazeltine Gates obtained a judgment against the tenant, but later learned of the asset sale when it attempted to collect on the judgment.  At trial, Hazeltine Gates argued that the tenant’s sale of its assets to the new entity was made to hinder, defraud and delay its efforts to collect its judgment.  Further, it presented evidence that the fair market value of the assets the tenant transferred to the new entity, including good will, far exceeded the liabilities of the tenant, and thus, the tenant transferred assets from which Hazeltine Gates could have collected.  Following a three-day court trial in April 2015, the trial court agreed with Hazeltine Gates and ruled that the new entity violated MUFTA and thus was liable for the judgment.  See Hazeltine Gates, LLC v. William P. Hoffman, et al. (Hennepin County Dist. Court 27-CV-14-2914).

Posted on 08/27/2015

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In Twin Cities Metro-Certified Development Company v. Stewart Title Guaranty Company – N.W. 2d –, 2015 WL 4715064  (Minn. App. 2015) mechanics’ liens took priority over a junior mortgage insured by a lender’s policy of title insurance.  The policy excepted from coverage any loss caused by a senior mortgage.  The trial court granted summary judgment in favor of the junior mortgagee, finding that it was entitled to coverage because the mechanics’ liens took priority over the junior mortgage.  Stewart Title Insurance Company had argued that the evidence in the record showed the senior mortgage consumed all of the property’s equity and therefore the junior mortgagee suffered no loss covered by the policy.  Stating that the issue was one of first impression in the state of Minnesota, the court of appeals reversed and remanded the matter back to the trial court for further findings regarding the property’s value.  In so doing, the court of appeals held that the junior mortgagee was required to show that its mortgage in fact secured equity in the property in order to show that actual loss occurred under the policy.  Eric Nasstrom argued the case at the court of appeals.

Posted on 08/27/2015

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Jeffrey Underhill successfully argued for summary judgment on behalf of Green Bay Packaging against claims it violated the Minnesota Drug and Alcohol Testing in Work Place Act (“DATWPA”).  In Jones v. Green Bay Packaging, Inc., 2015 WL 4715537 (Minn. App. 2015), the court of appeals affirmed the trial court’s decision.  An employee injured on the job tested positive for marijuana.  Green Bay Packaging prepared a conditional reinstatement agreement in which it agreed to reinstate the employee if he were assessed for chemical dependency and completed treatment if recommended at one of several providers identified in the conditional reinstatement agreement.  The employee requested to be assessed and if needed attend treatment at a provider not initially identified in the conditional reinstatement agreement.  Green Bay Packaging approved the request, the employee signed the agreement, and he was assessed at the facility of his choosing.  Thereafter, the employee refused to attend outpatient treatment at the facility he chose and instead stated that he wished to attend a different program because it met fewer days each week and was closer to his home.  Green Bay Packaging terminated the employee after he refused to attend treatment at the facility he elected.  Siding with Green Bay Packaging and agreeing with the trial court’s analysis, the court of appeals held that the plain language of DATWPA required only that Green Bay Packaging give the employee the opportunity to participate in a treatment program, and not the opportunity to participate in additional programs if the program agreed upon was not to the employee’s liking.  Further, the court of appeals held that the statute allowed Green Bay Packaging to discharge the employee because he refused to attend or complete the program he chose to attend.

Posted on 08/20/2015

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Posted on 08/07/2015

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Morrison Sund is proud to announce our attorneys who are recognized on the 2015 Minnesota Super Lawyer® and Rising Star list:  Congratulations!

2015 Minnesota Super Lawyer

Bradley Ayers

2015 Rising Stars

Ryan Dreyer

Kerry Trapp

Super Lawyers recognizes attorneys who have attained a high-degree of peer recognition and professional achievement. The selection process is not based simply on nominations, that is just a part of the selection process.  There are four steps to the nomination, research and selection process for Super Lawyers:  1) Nominations; 2) Evaluation of the Candidate Pool; 3) Peer Evaluation by Practice Area; and 4) Final Selection.  For a more detailed description of the selection process go to www.superlawyers.com/selectionprocess.

Posted on 06/16/2015

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Ayers, Trapp obtain favorable jury verdict in Eau Claire County Circuit Court involving gas explosion coverage case.

On May 19, 2013, a house exploded in Fall Creek, Wisconsin, due to an LP gas leak, causing considerable damage to nearby properties.  The plaintiffs’ neighbors contended their home was structurally damaged from the explosion to the point it had to be replaced and sought the policy limits under defendant insurer’s homeowner’s policy.  The case was tried to a 12 member jury in Eau Claire Circuit Court from June 2 through June 5, 2015.  The jury returned a verdict favorable to the insurer, finding only nominal damage to the home.  For more details, see Court Case No. 14-CV154.