612-355-2200
612-355-2210
1700 US Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402
info@parkerwenner.com
Bench Article
The litigation attorneys at Parker & Wenner are in constant contact with our Minnesota Judges both at the State and Federal level. The following general observations are intended to help the lay person understand the individual judge who is or will be making crucial legal and factual determinations on their particular matter.
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Collection Of Loans And Debts
As uncertainty continues to permeate our economy more and more debtors have difficulty paying their bills. A creditor or borrower is in constant competition with those similarly situated and must fight for position and priority in the collection of the debts owed to them from various borrowers and debtors. Often times a creditor or lender makes life difficult or easy for itself based on how the underlying transactional documents were prepared by the creditors/lender’s attorneys and the forth sight that was used in the initial stages of the contractual negotiations for purposes of providing the creditor/lender with remedies and easy access to the debtors/borrowers assets and sources of income for security collateral as each particular situation may provide.
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Credit Repair Article
With the rising costs of basic necessities such as groceries and rent, not to mention gas for our cars, along with wage freezes and layoffs, it is easy for even the most careful spender to become overwhelmed and allow credit card balances to creep up farther than we ever thought possible. At Parker & Wenner our attorneys deal with these situations every day; we stop the harassing calls and deal with credit card companies and bill collectors directly for you. We negotiate with credit card companies and their assigns to lower your payments so that you keep control of your accounts and avoid filing for bankruptcy. We charge a flat fee based upon the number of creditors – there are no subscription fees, start up fees or monthly “maintenance” fees. Here’s how we do it.
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Fraud Negates
Back in February 17, 2004, the Minnesota Court of Appeals handed down a decision bringing together several important theories of law as to disclaimers of warranties of products. In Lester Building Systems vs. Louisiana-Pacific Corporation the Court of Appeals applies rules of law providing that disclaimers of warranties do not preclude an action for fraud (although they are effective to disclaim contractual actions for breach of warranties), and then pointed out that attempts to exclude consequential damages by a seller of goods are ineffective as to the seller’s own fraud. In addition to that, the court holds that the seller of goods cannot contractually disclaim liability for consequential damages resulting from its own fraudulent conduct.
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How Do I Reduce My Debts and Protect My Assets?
Over the past twelve odd years as an attorney, I have for the most part had the pleasure of answering questions related to clients starting or managing their business. Now there were always trouble spots that necessitated dealing with critical or precarious situations that created a few sleepless nights, but for the most part the focus was always on growth and moving forward.
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Residential Real Estate Disclosure Requirements
“Caveat Emptor!” “Let the Buyer Beware” was the traditional rule in sales transactions. The buyer had the burden of making sure that the item purchased was satisfactory to him. Except in cases involving fraud, the seller would not be held liable for selling a defective product. Much of that has changed with the development of the law of products liability, the institution of “Lemon Laws” for the sale of new automobiles (See Minnesota Statutes 325F.665), and legislation to prevent consumer fraud (See Minnesota Statutes 325F.69). In Minnesota, it has now changed with respect to residential real estate sales, as well.
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Rights of Public Employee in MN
There has been some litigation in Minnesota over the issue of whether a public employee enjoys the right, independent of his or her labor contract, to bring complaints or grievances directly to the employer without first contacting the labor union. This has especially proved to be a concern where the employee is a minority and still within the probationary period proscribed for certain public employment positions. What are a public employee’s rights when the employee’s labor union is prevented, due to the employee’s probationary status, from bringing a grievance under the collective bargaining agreement?
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Right To Appeal
Under our adversarial system, whenever the court rules, there must be a winner and a loser. No attorney worth his salt will ever guarantee a victory. Therefore, in any case, you (the client) may end up on the losing side. In the unfortunate event of a loss, you will typically have a right to file an appeal.
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