Minnesota Lawyer articles from April 2004

Minnesota Lawyer archives from April 2004

MN Court of Appeals rules no insurance coverage for finger severed by car door.
April 5, 2004... Byline: Michelle Lore Where a father owned and was operating a motor vehicle when his daughter shut the vehicle's door on her grandmother's finger, the grandmother was not entitled to insurance coverage under the Safety Responsibility Act,...

MN Supreme Court rules construction-defect suit may proceed.
April 5, 2004... Byline: Barbara L. Jones The two-year statute of limitations on a statutory new home warranty begins to run when a homeowner discovers or should have discovered the builder's inability or refusal to ensure the home is free from major...

Univ. of St. Thomas Law School forum focuses on death penalty opposition.
April 5, 2004... Byline: Michelle Lore The Minnesota Legislature recently opted not to proceed with Gov. Tim Pawlenty's proposal to reinstate the death penalty, but that didn't stop the University of St. Thomas Law Democrats and the National Lawyers Guild...

MN Court of Appeals rules Iowa Statute applies to face injury from kick by horse.
April 5, 2004... Byline: Barbara L. Jones Where a Minnesota man was kicked in the face by a horse belonging to his father, also a Minnesota resident, in an incident occurring in Iowa, Iowa law applies and the defendant is immune pursuant to an Iowa...

A look at reporting malpractice insurance coverage.
April 5, 2004... Byline: Office of Lawyers Professional Responsibility The ABA will be considering at their mid-year meeting this summer a proposal from the Standing Committee on Client Protection to adopt a Model Rule on Reporting Financial Responsibility....

The American Bar Assn.'s proposed model rule on reporting financial responsibility.
April 5, 2004... Byline: Office of Lawyers Professional Responsibility A. The purpose of this Rule is to make information available to the public about the financial responsibility for professional liability claims of each active lawyer admitted to practice...

Hennepin County chief judge considered for president of Nat. Center for the State Courts.(Brief Article)
April 5, 2004... Byline: Minnesota Lawyer Staff Reporter Hennepin County District Court Chief Judge Kevin Burke is currently being considered for a post as president of the National Center for the State Courts (NCSC), based in Williamsburg, Va. The...

Hennepin County District Court Judge Ginsberg charged with 'keying' car in St. Louis Park.(Brief Article)
April 5, 2004... Byline: Minnesota Lawyer Staff Reporter Hennepin County District Court Judge Harvey Ginsberg was charged last week with one felony count of criminal damage to property for allegedly "keying" a woman's car and also striking it with his car...

Man charged with unauthorized practice of law in Hennepin County.
April 5, 2004... Byline: Barbara L. Jones A rare prosecution for the unauthorized practice of law is now underway in Hennepin County where a 47-year-old man allegedly was able to pass himself off as a lawyer to several prosecutors, judges and at least one...

Moss & Barnett announce addition of Thomas R. Bennerotte as an associate attorney.(Brief Article)
April 5, 2004... Byline: Minnesota Lawyer Staff Reporter Moss & Barnett has announced the addition of Thomas R. Bennerotte as an associate attorney. Bennerotte joins the commercial litigation practice group and will counsel clients on a variety of matters...

Recent ERISA rulings reflect rare reversals.(Employee Retirement Income Security Act)(Epoch Group)(Minnesota Laborers Health & Welfare Fund)
April 5, 2004... Byline: Marshall H. Tanick Reversals by the 8th U.S. Circuit Court of Appeals of trial court judge rulings are hardly unexpected, but they do constitute rarities. During 2003, the appellate court that oversees federal jurisdiction in...

U.S. District Court for the District of Minnesota announces date to begin e-filing.(Brief Article)
April 5, 2004... Byline: Minnesota Lawyer Staff Reporter The U.S. District Court for the District of Minnesota has announced that its electronic filing system goes into full operation on May 17, 2004. At that time Electronic Case Filing (ECF) for all civil...

Denial of relative's adoption petition OK.(Department of Human Services )
April 12, 2004... Byline: Barbara L. Jones A Hennepin County District Court judge did not err in upholding a decision by the Department of Human Services (DHS) to honor a birth mother's request that her uncle and aunt be denied consent to adopt her two...

Hearing held on proposals to change judicial election rules.(Code of Judicial Conduct)
April 12, 2004... Byline: Michelle Lore The advisory committee that has been assigned by the Minnesota Supreme Court to propose changes to the state's Code of Judicial Conduct recently invited members of the public to weigh in on the committee's...

Failure to name agency party results in dismissal.(Minnesota Department of Commerce)
April 12, 2004... Byline: Michelle Lore Where a currency-exchange company seeks a declaration that a competitor was mistakenly granted a license by the Minnesota Department of Commerce, the department must be a named party, the Minnesota Court of Appeals...

Court grants hearing on murder conviction decided in 1992.
April 12, 2004... Byline: Barbara L. Jones A man convicted of a murder in 1992 will receive an evidentiary hearing on his petition for postconviction relief where he claimed his conviction was the result of prosecutorial misconduct and false testimony that...

Number of complaints against judges rises in 2003.(Board on Judicial Standards)
April 12, 2004... Byline: Barbara L. Jones The Board on Judicial Standards received 122 complaints last year, an increase from the previous three years. The board issued two public reprimands in 2003 - both to a judge who was convicted of driving under the...

Omnibus crime bills take shape at capitol.(criminal law policy )
April 12, 2004... Byline: Ember Reichgott Junge In a legislative session where public safety has received significant attention, the omnibus sex offender and criminal justice bills are rapidly moving forward. The original omnibus crime bills, H.F. 2028,...

Showing the 'human side' of death penalty cases.(The Exonerated)
April 12, 2004... Byline: Barbara L. Jones Putting a human face on pain and suffering is what plaintiffs' lawyers have to do. It is also what actors do - and what playwrights Jessica Blank and Erik Jensen have done in "The Exonerated," their play about...

Appellate court decisions deal with delay.
April 12, 2004... Byline: Marshall H. Tanick Appellate rules generally set strict time limits for challenging decisions of subordinate tribunals or other bodies. The courts generally cut little slack for untimely appeals. But the Minnesota Court of...

ABA alerts military families to potential tax savings.(American Bar Association )(Brief Article)
April 12, 2004... Byline: Minnesota Lawyer Staff Reporter To ensure that service members and their families are aware of the new tax benefits available to them, the American Bar Association (ABA) Section of Taxation and the ABA Standing Committee on Legal...

Ramsey County Bar Assn. holds annual judge's dinner.(Brief Article)
April 12, 2004... Byline: Minnesota Lawyer Staff Reporter More than 30 judges from the Minnesota state court system attended the Ramsey County Bar Association's (RCBA) annual Judges' Dinner, held Thursday, March 25, at Bandana Square Banquet and Conference...

State's high court convenes at Harding High School<P>.(Thomas Paul Clark v. Dwight R.J. Lindquist)(Brief Article)
April 12, 2004... Byline: Minnesota Lawyer Staff Reporter Nearly 2,000 St. Paul students watched as the Minnesota Supreme Court convened at Harding High School last week in an effort to open the doors of the judicial branch to the public. The state's highest...

Federal court clerk's office to open in Fergus Falls.(Brief Article)
April 12, 2004... Byline: Minnesota Lawyer Staff Reporter The U.S. District Court for the District of Minnesota has announced the opening of the clerk's office in the U.S. Federal Courthouse in Fergus Falls on May 3, 2004. U.S. District Court Chief...

MN Court of Appeals rules motorcyclist can't sue Anoka County over pothole.(negligence claim)
April 19, 2004... Byline: Michelle Lore Anoka County was entitled to statutory immunity from a negligence claim by a motorcyclist who was injured when he lost control of his motorcycle after hitting a pothole on a road located within the county, the Court...

MN Supreme Court considers whether scuba diving liability release extended too far.(Minnesota)
April 19, 2004... Byline: Michelle Lore The Minnesota Supreme Court is currently grappling with the validity of an exculpatory release signed by a man who later drowned while taking scuba diving classes. The defense asserts the contract was designed...

MN Court of Appeals upholds valuation in Rainforest Cafe case.(Minnesota. Court of Appeals)
April 19, 2004... Byline: Barbara L. Jones A trial court judge may reject expert testimony and rely on any valuation method that is generally accepted in the financial community to determine the fair value of shares in an action brought by dissenting...

The pros and cons of putting attorneys in jury box.(public policy)
April 19, 2004... Byline: Barbara L. Jones The goal of a trial lawyer is to control the courtroom, not let a rogue juror or outside influence destroy months or even years of preparation. But what happens to a litigator's control of the courtroom if one of...

MN Dept. of Human Rights announces settlement in sexual orientation case.(Brief Article)
April 19, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota Department of Human Rights has announced a $78,750 settlement in a case of a homosexual male who alleged he was harassed at work. In a press release issued last week, the department...

Crime budget bills pass the Minnesota House and the Senate.
April 19, 2004... Byline: Ember Reichgott Junge Major funding decisions regarding new judges, public defenders, legal services and public safety agencies will be made at the Minnesota Legislature during the next few weeks. Crime and judiciary budget bills...

Carol Moseley Braun to speak at women's law conference.(Brief Article)
April 19, 2004... Byline: Minnesota Lawyer Staff Reporter Carol Moseley Braun, the only woman in modern times to launch a presidential campaign, will be one of the featured speakers at the 5th Midwest Regional Conference for Women in the Law. The three-day...

American Bar Assn. announces new online legal resource center.(Brief Article)
April 19, 2004... Byline: Minnesota Lawyer Staff Reporter The American Bar Association (ABA) Standing Committee on the Delivery of Legal Services has created a new Web site - The Pro Se/Unbundling Resource Center - in an effort to help state policymakers...

Attorney Gail Chang Bohr presented with Advocate Award.(Brief Article)
April 19, 2004... Byline: Minnesota Lawyer Staff Reporter Gail Chang Bohr, director of the Children's Law Center of Minnesota, was presented with the 2004 Advocate Award by the Civil Litigation Section of the Minnesota State Bar Association at its annual...

U.S. District Court for the District of Minnesota amends local practice rules.(Brief Article)
April 19, 2004... Byline: Minnesota Lawyer Staff Reporter The U.S. District Court for the District of Minnesota has announced the approval of an amendment to its local rules of practice recommended by the court's Federal Practice Committee. The...

Minnesota Court of Appeals Judge David Minge takes up role of chief dissenter.
April 19, 2004... Byline: Marshall H. Tanick It is rare to have a former member of Congress sitting as a judge in Minnesota, or anywhere else for that matter. It is also rare for jurists of the Minnesota Court of Appeals to dissent. But these two...

Minnesota law firms announce staff changes; April 19, 2004.(Geraghty, O'Loughlin & Kenney, P.A.)(Brief Article)
April 19, 2004... Byline: Minnesota Lawyer Staff Reporter Geraghty, O'Loughlin & Kenney, P.A. has announced that Susan R. Zwaschka has joined the firm as a partner. Zwaschka's practice focuses on professional liability litigation for health-care...

Later-born kids' needs must be considered in child support issues.
April 26, 2004... Byline: Barbara L. Jones In a case of first impression, the Court of Appeals has ruled that a judge or magistrate must consider the needs of later-born children when ordering an indefinite extension of child support for an earlier-born...

MN court judges closely watching budget process.
April 26, 2004... Byline: Barbara L. Jones While state District Court judges are pleased that the courts may get five to eight new judgeships to help implement planned tougher sentencing laws, they are concerned with a proposal that would keep the courts...

Sentencing discretion must be considered.
April 26, 2004... Byline: Michelle Lore The Court of Appeals has remanded for sentencing a case where the District Court judge believed there was no option but to sentence a defendant to the 60-month mandatory presumptive sentence under the sentencing...

Local lawyers pitch in to give vets more appealing options.
April 26, 2004... Byline: Michelle Lore Local lawyers are doing their part to help fight for the rights of veterans who have been denied disability benefits. Assisting these individuals often involves practicing before the U.S. Court of Appeals for...

Judge Burke won't seek job as director of the National Center for the State Courts.(Brief Article)
April 26, 2004... Byline: Minnesota Lawyer Staff Reporter Hennepin County District Court Chief Judge Kevin Burke said last week he has removed his name from consideration for a job as director of the National Center for the State Courts (NCSC). He told...

Commentary: Understanding the intersection of business and legal ethics.
April 26, 2004... Byline: Neil W. Hamilton Media coverage in both the general media and our profession's publications has given dramatic attention to failures of corporate and legal ethics in the scandals of the last several years. In the general media,...

Hennepin County Bar Assn. board opposes amendment on same-sex marriage.(Brief Article)
April 26, 2004... Byline: Minnesota Lawyer Staff Reporter The board of directors of the Hennepin County Bar Association (HCBA), at their April meeting, took a stand to oppose any efforts to amend either the state or federal constitutions to ban same sex...

MN Legal Briefs April 26, 2004.(Pritzker, Ruohonen & Associates)(Brief Article)
April 26, 2004... Byline: Minnesota Lawyer Staff Reporter Pritzker, Ruohonen & Associates has announced the relocation of its offices to Plaza VII, Suite 2950, 45 South Seventh Street in Minneapolis. They can be reached at (612) 338-0202 or...

Commentary: National Assn. of Securities Dealers discusses investor protection agenda.
April 26, 2004... Byline: James J. Eccleston Mary Schapiro recently spoke to brokerage firm compliance and legal department employees at the Securities Industry Association's annual conference. Schapiro is the National Association of Securities Dealers'...

Federal courts now accepting credit cards.(Brief Article)
April 26, 2004... Byline: Minnesota Lawyer Staff Reporter The U.S. District Court for the District of Minnesota is accepting credit cards as an acceptable means of payment of all filing fees and other miscellaneous court fees, effective May 1, 2004. The...

Finalists for 6th District bench vacancy announced.(Brief Article)
April 26, 2004... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced three finalists for a 6th Judicial District trial court bench vacancy in the city of Duluth in St. Louis County. The opening occurred with the...

Commentary: Federal, state no-knock cases are no joke.(State v. Anderson)(U.S. v. Scroggins)
April 26, 2004... Byline: Marshall H. Tanick Provisions of the federal and state constitutions that mandate search warrants for law enforcement entry into homes is of ancient vintage, with its roots dating back to the English Magna Carta in 1215. The...