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DECISIONS OF THE COURT OF APPEALS
FILED MONDAY, APRIL 21, 2014

 

 

A13-1072       Yvette Ford, Appellant, vs. Minneapolis Public Schools, Respondent.
          
           Hennepin County District Court, Hon. William R. Howard.
           When the alleged discriminatory act in a claim under the whistleblower statute is the decision to eliminate an employee's position, the statute of limitations begins to run when the employer notifies the employee that the position will be eliminated.
           Affirmed; motion denied.  Judge Randolph W. Peterson.


A13-1302
       Robert Meeker, et al., Appellants, vs. IDS Property Casualty Insurance
                      Company, Respondent.
          
           Wright County District Court, Hon. Kathleen A. Mottl.
           Service of process under Minn. Stat. § 45.028, subd. 2 (2012), is effective if the plaintiff sends a copy of the process to the Minnesota Commissioner of Commerce by certified mail before the end of the applicable limitations period and sends notice of the service and a copy of the process to the defendant by certified mail and files the plaintiff's affidavit of compliance in the action on or before the return day of the process.
           Reversed and remanded.  Judge Randolph W. Peterson.


A13-2025
       In the Matter of the Welfare of the Children of:  B. M., J. M. and C. G.,
                       Parents.
          
           Becker County District Court, Hon. Peter Irvine.
           1.   Mental impairment is not sufficient grounds to terminate a father's parental rights to his child where there is no evidence that the impairment interfered with his ability to be a party to the parent-child relationship.
           2.   The district court abused its discretion by terminating appellant-father's parental rights when it failed to find that the county undertook reasonable efforts to reunite parent and child.
           Reversed and remanded.  Judge Larry B. Stauber, Jr.


A13-1448
       Douglas W. Butler, et al., Respondents, vs. JLA Industrial Equipment,
                      Inc. d/b/a Hotsy Equipment of Minnesota, Respondent, Schieffer Co.
                      International, LC, Respondent, Alfred Karcher, Inc. d/b/a Karcher
                      North America, et al., Defendants, Magam 
Enterprises Group,
                      Appellant.
          
           Hennepin County District Court, Hon. William R. Howard.
           When analyzing minimum contacts under the stream-of-commerce theory of personal jurisdiction, a nonresident defendant without direct contacts with Minnesota purposefully avails itself of the benefits and protections of Minnesota if it engages in a regular course of voluminous sales through a nonresident distributor to Minnesota customers.
           Affirmed.  Judge Carol A. Hooten.


A13-1520
       Abshir Abtidon Barrow, petitioner, Appellant, vs. State of Minnesota,
                      Respondent.
          
           Rice County District Court, Hon. John T. Cajacob.
           To "sell" under Minn. Stat. § 152.01, subd. 15a (2008), includes the giving of physical control of a controlled substance for the purpose of concealing the substance from law enforcement.
           Affirmed.  Judge John P. Smith.

 

 
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