No Shirt, No Shoes…No Mask? What Your Restaurant Needs to Know About Mask Policies and Vaccination Statuses

As the country’s hospitality industry continues to open up, we at MMB have been inundated with questions about mask policies and vaccination statuses. Specifically, in the face of a rising delta variant — but no state or federal mask mandates — restaurant owners want to know: can I have a mask policy, and if so, […]

Landlords get aggressive and tenants get creative as litigation
during Covid continues

At this point it is no secret that the Covid-19 pandemic has had an enormous impact on the commercial real estate market in general and restaurants in particular. During the summer and fall of 2020, many restaurant tenants have been unable to keep current on rent payments due to Covid-19 restrictions and closures. Unlike the […]

Illinois Court Decision Offers Hope to Commercial Tenants Seeking Rent Relief

A bankruptcy court in Illinois has held that a governor’s shut-down order, combined with a force majeure provision in a restaurant’s lease, partially excused the restaurant’s obligation to pay rent.*  The case is significant because it provides commercial tenants a basis to seek relief from rental payments due to COVID-19. Governor’s Executive Orders as Force […]

THE MINNEAPOLIS SAFE AND SICK TIME ORDINANCE IS HERE TO STAY AND DOES NOT JUST APPLY TO BUSINESSES LOCATED IN MINNEAPOLIS

On June 10, 2020, the Minnesota Supreme Court upheld a Minneapolis ordinance that governs safe and sick time for employees working in Minneapolis: Minnesota Chamber of Commerce v. City of Minneapolis, No. A18-0771 (Minn. Jun. 10, 2020).  Under the Minneapolis ordinance, employees who work in the city for at least 80 hours a year accrue […]

WAIVERS FOR COVID-19 LIABILITY: ARE THEY A GOOD IDEA?

As businesses reopen and seek to restore operations to pre-COVID levels, we have received a number of questions concerning the use of liability waivers to reduce legal  risk related to COVID-19. The main concern is whether you should ask or require people coming into contact with your business to acknowledge the risks of COVID-19 and […]

Litigation in a Time of Pandemic

In recent weeks, we have received questions from clients regarding the effect of the novel coronavirus (“COVID-19”) on cases that are currently pending in the courts or disputes that might be headed toward litigation. The following is a brief overview of the effect of COVID-19 and the response on legal proceedings in Minnesota. As an […]

The Current Trends in ADA “Drive-By” Law Suits

Recently we have seen a noticeable uptick in so-called American’s with Disability Act (“ADA”) “Drive-by” suits. These suits are labeled as such because plaintiffs often ride around neighbors and areas looking for ADA violations and then catalogue the alleged violations of the ADA via photographs. These business owners usually must fix any non-compliant issues (sometimes […]

MN Supreme Court Reaffirms the Limits on Cities’ Ability to Impose Fees on Developers

In August of this year, the Minnesota Supreme Court issued a decision that should curtail statutory cities’ ability to make the approval of subdivision applications contingent on payment of fee or charges not specifically authorized by Minnesota law. The case, Harstad v. Woodbury, involved a developer who submitted an application to the City of Woodbury […]