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IN THE

MINNESOTA COURT OF APPEALS


______________________
Case No. A15-1183
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ANIBAL SANCHEZ,
Plaintiff-Appellant and Cross-Respondent,
v.
DAHLKE TRAILER SALES, INC.,
Defendant-Respondent and Cross-Appellant.
_______________________
ON APPEAL FROM
THE DISTRICT COURT OF MINNESOTA
FOR THE TENTH JUDICIAL DISTRICT
________________________
REPLY/RESPONSE BRIEF OF APPELLANT/CROSS-RESPONDENT
_______________________
ATTORNEY FOR APPELLANT/CROSS-RESPONDENT
MADIA LAW LLC
Joshua A. Newville, MN No. 395221
333 Washington Ave. N., #345
Minneapolis, Minnesota 55401
Phone: 612.349.2743
Email: joshuanewville@madialaw.com
ATTORNEY FOR RESPONDENT/CROSS-APPELLANT
DRAWE & MALAND
Todd L. Nissen, MN No. 25017X
7701 France Ave., #240
Edina, Minnesota 55435
Phone: 952.841.2145
Email: todd.nissen@zurichna.com

ARGUMENT
Dahlke would like this Court to believe that this case is about an indefinite unpaid
leave. It is not. Dahlke would also like this Court to believe that this case is about failure
to offer continued employment. It is not.
This case is about a scheme to conceal pretextone manufactured by Dahlke and
counsel for their insurance company to avoid benefits retaliation liability for
undocumented workers. In order to advance their scheme, they call termination an
indefinite unpaid leave, and they mislabel retaliatory discharge claims as claims for
failure to offer continued employment.
If they are successful, it will incentivize employers to knowingly employ
undocumented workers and to use those employees undocumented status against them,
thereby discouraging vulnerable workers from seeking the assistance of the Workers
Compensation Act.
CONCLUSION
For the forgoing reasons, Appellant/Cross-Respondent respectfully requests that
the Court reverse and remand to the lower court with instructions to proceed to trial.
ATTORNEY FOR APPELLANT:
Dated: December 30, 2015

/s/Joshua A. Newville
Joshua A. Newville, No. 395221
MADIA LAW LLC
333 Washington Ave. N. #345
Minneapolis, Minnesota 55401
Phone: 612.349.2743
joshuanewville@madialaw.com