• May 17, 2023

Earlier this year, we predicted a reversal of the Court of Appeals decision in Herlache v. Rucks.

We got this one right! (We don’t always.)

Herlache v. Rucks involved a dispute over a couple’s break-up and efforts by one of the two (Mr. Herlache) to recover money he spent for improvements to the home of the other. Mr. Herlache won at the trial court, lost at the Court of Appeals, but re-won his case before the Minnesota Supreme Court.

“The district court has broad discretion in fashioning equitable remedies and is empowered to adapt its decree to the exigencies of each particular case so as to accomplish justice,” the Minnesota Supreme Court held. “The focus on fairness and flexibility is the hallmark of equity,” the Court went on to say.

We applaud the unanimous decision of the Minnesota Supreme Court as a fair and correct decision and a rejection of the rigid, acontextual, and draconian application of law urged by the unsuccessful party in this lawsuit.