In re Hubbard

Agreeing with arguments presented by Briggs and Morgan, the Supreme Court decided In re Hubbard, a case that sharply limited the DNR’s, and likely other administrative agencies’ rule-making power in the absence of express legislative authority. The issue was whether the Legislature granted the DNR the authority to create rules requiring local governmental units to remit local zoning decisions related to the Lower St. Croix River for the DNR’s certification or rejection. The Court found that the Legislature had not expressly or impliedly authorized the DNR to promulgate such rules. The Hubbard decision will undoubtedly have an impact on all practitioners that regularly deal with administrative agencies, particularly those who represent clients that are heavily regulated.

Goodman v. Best Buy

Employment law practitioners will want to take note of the Supreme Court’s decision in Goodman v. Best Buy. The Court interpreted 28 U.S.C. § 1367(d), which according to the Supreme Court, provides for a suspension of the limitations period while claims are pending in federal court and for 30 days after such federal claims are dismissed. The Supreme Court’s decision may provide employees with additional time to re-file state claims.

View all Pending Minnesota Supreme Court Cases, including additional links to the court of appeals’ decision referenced here.