Larina Alton to Present Oral Arguments in Major Business Litigation Case Before Minnesota Supreme Court

Minneapolis, Minn. (March 3, 2025) - Minneapolis Partner Larina Alton will present oral arguments in a major business litigation case before the Minnesota Supreme Court at University of Minnesota Law School at 3 pm CT on Wed., March 5. In the case, Doug Hoskin v. Josh Krsnak and JT Manager LLC, Ms. Alton's client brought a lawsuit that arose from his sale of various business interests to respondents Josh Krsnak and JT Manager, LLC. The complaint alleged that Hoskin signed agreements that transferred his interests under duress, because his business partner had threatened to destroy his company and livelihood if he did not execute the agreements. The complaint also included claims for fraud. Respondents moved to dismiss the complaint under Minn. R. Civ. P. 12.02(e) for failure to state a claim upon which relief can be granted. Respondents relied, in part, on releases in the transfer agreements. The district court granted the motion and dismissed the complaint. The court of appeals affirmed.

At Ms. Alton’s urging, the supreme court granted review on the following issues, among others: (1) Was the court of appeals’ conclusion that threats to deliberately ruin another’s livelihood are “economic duress,” and categorically excluded as a foundation of duress incorrect? (2) Was the court of appeals’ determination that “economic duress” was not a defense to a contract, but was a factor to be considered in terms of whether appellant intended to release his claims, erroneous? (3) Must a litigant separately plead fraud as to each individual term of an agreement, rather than as to the agreement as a whole, in order to plead fraud and duress, as the court of appeals ruled?

The arguments can be attended in person or viewed via livestream here at the scheduled time.