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Eugene Sherayzen, Esq. Wins a Minnesota Court of Appeals Case

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On November 21, 2011, the Minnesota Court of Appeals ruled in favor of Helpful Hands Transportation, Inc. (HHT) – the client of Sherayzen Law Office – and reversed the unemployment law judge’s (ULJ) determination that HHT’s workers should be classified as employees. Judge Kalitowski wrote the opinion.  Two respondents were listed as “pro se”, but the opinion of the ULJ was defended by Minnesota Attorney General’s Office on behalf of the Department of Employment and Economic Security (DEED). Mr. Eugene Sherayzen represented our client throughout the case.

At the center of the issue was whether the ULJ erred in its determination that HHT’s workers were employees.  Mr. Sherayzen’s chief arguments were: (1) the ULJ’s factual findings are inconsistent with his legal conclusion, and (2) the ULJ failed to follow the analytical framework of Minnesota Rule 3315.0555.   The Court of Appeals agreed with both arguments and reversed the decision.

A copy of the court opinion will be posted on our website later.

Contact Sherayzen Law Office For Appellate Litigation

If you have a case that you wish to appeal to the Minnesota Office of Administrative Appeals, Minnesota Court of Appeals or Minnesota Supreme Court, contact Sherayzen Law Office.  Our experienced appellate tax firm will assist you in filing the case, constructing efficacious legal arguments, drafting compelling legal briefs,  and zealously representing your interests in applicable courts.

Business Litigation: Definition

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While its definition varies, most attorneys would agree that “business litigation” is a complex area of law which includes a variety of contractual and tort claims. Examples of such claims include but not limited to: breach of contract, fraud, tortious interference with contract, breach of fiduciary duty, infringement of intellectual property rights, and unfair competition. Often, when these types of business disputes arise, the parties are unable to resolve them through negotiation or arbitration proceedings. In these cases, business litigation can be used as a way to resolve the disputes.

Business litigation is not limited exclusively to businesses suing other businesses. In certain cases (such copyright and trademark violations), individuals may asset claims against businesses and vice-versa.

Corporate litigation constitutes an important part of business litigation. Corporate disputes often arise as a result of a breach of fiduciary duty. For example, shareholders in a closely-held corporation may recover against a corporate director if he breaches his fiduciary obligations.

Commercial insurance litigation is another frequent source of business litigation. For example, where a commercial insurance company undervalues or denies a fair claim, then the victimized business may sue to recover the amount it believes it is entitled to. Often, these situation deal with contract litigation where an insurance company relies on a particular wording in the contract to avoid fully paying an otherwise legitimate claim.

These are just some of the countless areas in which a business may have a need for a Minnesota business litigation lawyer to resolve a dispute against another business. A good Minneapolis business litigation attorney or a St. Paul business litigation lawyer can be invaluable in protecting your rights and your company’s business interests.

Sherayzen Law Office can help you deal with a business litigation claim, whether defending against another business or enforcing your business rights against other parties.

If you or your company is in need of representation in a business litigation matter, please call NOW to discuss your case with a business litigation lawyer!