Three Questions with Bryan Huntington

Contributory Liability — An Underutilized Trademark Remedy for Franchisors

Franchise systems often confront the situation of a terminated franchisee who has failed to remove the franchisor’s signage from the franchisee’s leased location. This can be especially frustrating when the franchisee is insolvent and has little to risk by continuing to operate, or when the franchisee has simply abandoned the location. There may be another way to have those marks removed, without having to sue the franchisee.

Lessor Beware

Bryan Huntington’s article, “Lessor Beware” was published in the May 2019 edition of Bench and Bar magazine. The article examines the trend that recent federal court decisions seem to favor a willingness to hold commercial landlords liable for their tenants’ trademark infringement.

Guest or Tenant?

Bryan Huntington’s article, “Guest or Tenant?” was published in the August 2018 edition of Bench and Bar magazine. The article examines the criteria that courts consider when deciding which persons are protected by Minnesota’s landlord/tenant statutes.

Gov. Dayton Signs Bill Delaying Statute of Limitations in Construction Injury Cases

On May 8, 2018, Gov. Mark Dayton signed into law house bill H.F. 2743, which will delay the starting point of the statute of limitations when an injury occurs in connection with a major construction project.

Minnesota Court of Appeals Restricts When Tenants May Defend Eviction by Claiming Retaliation

In a decision filed April 9, 2018, Central Housing Associates, LP v. Olson, the Minnesota Court of Appeals provided significant guidance concerning when a retaliation defense may be asserted to challenge an eviction action after termination of tenancy.

Court Awards More Than $1 Million in Damages From City Land Use Decisions That Violated Church’s Constitutional Rights

Landowners challenging land use decisions generally have an uphill battle. Government subdivisions are accorded broad discretion by courts, such that prevailing in an action challenging a zoning decision requires compelling evidence of arbitrary government action.

Court Watch: Franchise Alert - May 2016

In the May 2016 issue of the Law Journal Newsletter’s Franchising Business & Law Alert, Bryan Huntington and Henry Pfutzenreuter contributed two articles, "Third Circuit Affirms Denial of Injunctive Relief to Franchisor, Concluding Concessions of Counsel Disproved Irreparable Harm" and "Fifth Circuit Issues Cautionary Note to Franchisees That Plead Their Claims Haphazardly."

Court Watch: Franchise Alert - February 2016

In the February 2016 issue of the Law Journal Newsletter’s Franchising Business & Law Alert, Bryan Huntington and Henry Pfutzenreuter contributed two articles, "Court Dismisses Franchise Act Claims" and "Court Grants Franchisor's Motion to Compel Arbitration."

Metro Cities Contemplate Controversial Housing Policies

In the November-December 2015 issue of the BATC Digest, Peter Coyle and Bryan Huntington contributed an article entitled, "Metro Cities Contemplate Controversial Housing Policies," which appeared on pages 40-42.

Minnesota Court of Appeals Strikes Down Sprinkler Rule

Larkin Hoffman real estate litigation attorneys Rob Stefonowicz and Bryan Huntington successfully obtained a declaratory judgment from the Minnesota Court of Appeals invalidating an administrative rule while representing the Builders Association of the Twin Cities (“BATC”). Specifically, BATC challenged a rule adopted by the Minnesota Department of Labor & Industry (“DLI”) requiring residential fire sprinklers in all newly-constructed single- and two-family homes, except for those single-family homes under 4,500 square feet (the “Sprinkler Rule”).

Court Watch: Franchise Alert - November 2015

In the November 2015 issue of the Law Journal Newsletter’s Franchising Business & Law Alert, Cynthia Klaus and Bryan Huntington contributed two articles, "Franchisees and Dealers Should Plead Causation In Actions Against The Government" and "Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home State."

Takings Law: The Fundamentals

Takings law can be a confusing subject matter. A single article may alternatively discuss takings, eminent domain, condemnation, and inverse condemnation, all without ever defining the meaning of these terms. Beyond vocabulary, articles frequently assume familiarity with the way takings cases are actually litigated. The purpose of this article is to provide a foundation of knowledge for the reader interested in the subject matter.

Court Watch: Franchise Alert - August 2015

In the August 2015 issue of the Law Journal Newsletter’s Franchising Business & Law Alert, Cynthia Klaus and Bryan Huntington contributed two articles, "Court Awards Franchisor Attorneys' Fees in Trademark Infringement Action Against Competitor" and "Court Clarifies Meaning Of Termination for Breach and Exceptional Lanham Act Claims."

Court Watch: Franchise Alert - May 2015

In the May 2015 issue of the Law Journal Newsletter’s Franchising Business & Law Alert, Cynthia Klaus and Bryan Huntington contributed two articles, "Circuit Court Reinstates Dealer's Defamation Claims Against Manufacturer" and  "Court Denies Franchisee's Motion to Vacate Attorneys' Fees Award."

Court of Appeals Grants Property Owners Judgment as a Matter of Law – Jury Verdict Reversed in Premises Liability Action

‎Minnesota courts continue to define the extent to which landowners must take steps to protect the safety of independent contractors on their property. In Smith v. Wells Concrete Prods. Co., No. A14-0644, 2015 Minn. App. Unpub. LEXIS 115 (Minn. Ct. App. Feb. 2, 2015), a divided panel of the Minnesota Court of Appeals reversed a jury verdict in favor of a contractor injured while working on land owned by the company that hired her.

More Special Assessments on the Horizon as Cities Contemplate Public Transportation Projects – Rights to Bear in Mind When Ordered to Pay a Special Assessment

Business owners along University Avenue in St. Paul have recently received notice of proposed special assessments from the city related to construction of the central corridor light rail (the “Green Line”). A number of these owners have been ordered to pay thousands of dollars, even though they have had to struggle with a multitude of issues and challenges stemming from the light rail project, including limited parking and sidewalk blockages from snow.