Commercial Litigation

A Practical Look at Arbitration as a Growing Trend

  In the 30-some years that I have been a lawyer, there have been many changes in the way companies do business and in how disputes are resolved. In that same period, however, I have not seen the same depth and breadth of changes in the court system. I have been a litigator representing businesses and individuals in all kinds of cases. I have been an advocate for clients in jury trials both short and long, court trials, mediations and arbitrations. I am also now a mediator and an arbitrator. Companies are now doing business at the speed of email and have global and international goals and inspirations. They have 30, 60 and 90-day business plans. When a company has a..

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Counsel Now Required for Business Entities Involved in Commercial Evictions in Hennepin County Housing Court

Coauthored by Tammy Schemmel and Karen Kurth  For years, commercial landlords in Hennepin County have filed eviction actions against tenants in material default of leases in Hennepin County Housing Court. Rule 603 of the Minnesota General Rules of Practice allowed the principals of business entities to file eviction actions without counsel and permitted commercial tenants to appear and defend the business entity without counsel in Hennepin County Housing Court. In 2018, the Minnesota Court of Appeals issued a decision holding that the Hennepin County Housing Court lacks authority to hear and determine any matter that is not related to residential rental housing. Likely in an attempt to salvage years of common practice, the Hennepin County District Court Chief Judge issued a Standing..

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Defending Against ADA Lawsuits

Coauthored by Bradley A. Kletscher and Tyler W. Eubank Generally. The Americans with Disabilities Act (commonly known as the “ADA”) is a federal law meant to protect persons with disabilities from discrimination. To that end, the ADA requires that businesses open to the public remove architectural barriers where such removal is readily achievable. The Department of Justice has produced the ADA Accessibility Guidelines, voluminous guidance on design specifications covering everything from the height of counters to the placement of braille signage on elevators. The ADA also allows persons affected by discrimination in the form of architectural barriers to seek injunctive relief from courts compelling business owners to make changes to their establishments. ADA Abuse. Enter ADA “drive-by” lawsuits.

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New Associate Attorney Joins BGS

Barna, Guzy & Steffen LTD. announces the addition of a new associate to our firm. Tyler W. Eubank has joined the firm’s Litigation and Employment Law department. He will be working closely with attorneys practicing in the firm’s growing Litigation/Employment Law area serving existing clients and enhancing the firm’s ability to serve our community. We are happy to welcome Tyler back to BGS as he previously worked in our Litigation/Employment Law department as a law clerk while attending law school. After graduating and receiving his JD, Tyler worked as a Judicial Law Clerk for Honorable Tammi A. Fredrickson. Before attending law school, Tyler spent 6 years living and working in Taiwan as an English Teacher, Intercultural-Manager and Area Trainer. Tyler graduated summa..

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Joan M. Quade Appointed Chair of 21st District Ethics Committee

The Minnesota State Supreme Court has appointed BGS Shareholder Joan M. Quade as Chair of the 21st District Ethics Committee for a term of 6 years. As Chair, Joan will oversee the 21st District Ethics Committee’s purpose to investigate and make recommendations to the Office of Lawyers’ Professional Responsibility in cases that involve the lawyers’ code of ethics and attorney’s pledge to adhere. Joan is a BGS Board Member and the Practice Group leader for the Business Litigation and Employment law groups. Her areas of practice focus on Commercial Litigation and include everything from Business Disputes to Constructions Defects and Toxic Mold cases.

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