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Civil Rights Law

Sex Discrimination and Sexual Harrassment

Resources in this category:
   Gina M. Benassi, Appellant, vs. Back & Neck Pain Clinic, Inc., Respondent, Randy S. Miland, Individually, Respondent. C9-01-75, Court of Appeals Published, July 10, 2001. by Minnesota Court of Appeals (July 10, 2001) (Minnesota State Law Library)
1. An engagement ring is a conditional gift, given in contemplation of marriage; marriage is an implied condition of the transfer of title to the ring, and the gift does not become absolute until the marriage occurs.

II. When two parties engaged to be married decide to abandon their plans for future marriage, the engagement ring shall be returned to the donor regardless of fault."

,,,

Decision

The district court did not err in granting summary judgment in favor of respondent on appellant's claims under Minn. Stat § 363.01, subd. 41(1) and (2) (2000), because appellant failed to establish her prima facie case. The district court did err, however, in granting summary judgment on appellant's alleged violation of Minn. Stat. § 363.01, subd. 41(3) (2000), because appellant established that the question of whether an illegitimate reason "more likely than not" motivated respondent's decision to terminate her employment creates a material fact issue for trial. The district court did not err in granting summary judgment on respondent's replevin counterclaim for the engagement ring.

Affirmed in part, reversed in part, and remanded.


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  • Sexuality and Sexual Behavior
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