Minnesota Lawyer articles from April 2005

Minnesota Lawyer archives from April 2005

MN Supreme Court finds statute of repose didn't bar negligence claim.(Minnesota)(Shoreland Recreational Cooperative )
April 4, 2005... Byline: Michelle Lore A negligence claim was not barred by the 10-year statute of repose for injuries arising out of improvements to real property where the claim was based on a landowner's common-law duty to inspect and maintain the...

With April 15 looming, MN tax attorneys offer a few timely tips.(Minnesota)
April 4, 2005... Byline: Barbara L. Jones The demands of the taxman humble even the most confident of attorneys. With April 15 looming, Minnesota Lawyer recently asked a few attorneys to share some tips. First of all, and as obvious as it may sound,...

Court of Appeals says insurer has no cause of action under Professional Firms Act.(Midway Massage Inc.)(Mutual Service Casualty Insurance Co.)
April 4, 2005... Byline: Michelle Lore A no-fault insurer who argued that it need not make payments to insureds who sought treatment from clinics incorporated in contravention to the Minnesota Professional Firms Act (MPFA) did not have standing to...

Court of Appeals says value of property wrongfully imputed in marital dissolution.
April 4, 2005... Byline: Barbara L. Jones A statute imputing property to a spouse in a marital dissolution when the spouse wrongfully disposes of it during the proceedings does not apply when the property is returned to the marital estate before the...

Ramsey County District court judge finds retroactive application of lien law unconstitutional.(Teresa R. Warner)(Brief Article)
April 4, 2005... Byline: Minnesota Lawyer Staff Reporter A Ramsey County District court judge has found unconstitutional the retroactive application of a statute allowing the state to collect on Medicaid liens originally placed on life estates. The...

Commentary: Tips for MN lawyers on transacting business with a client.(Minnesota Rules of Professional Responsibility)
April 4, 2005... Byline: Office of Lawyers Professional Responsibility Many of the Minnesota Rules of Professional Conduct (MRPC) are obvious and intuitive - don't lie (Rule 3.3), don't cheat (Rule 3.4), don't steal (Rule 1.15). Others might not be so...

MD Legal Briefs: April 4, 2005.(appointments)(Brief Article)
April 4, 2005... Byline: Minnesota Lawyer Staff Reporter Lindquist & Vennum has announced new partners Dean R. Edstrom, J. Christopher (Chris) Cuneo, James M. Lockhart, Thomas F. Dougherty and associate Christopher R. Grote. Edstrom practices in public...

MN 'Spreigl' cases catalog prior criminal offenses.(Minnesota)
April 4, 2005... Byline: Marshall H. Tanick The law frequently struggles with issues regarding prior conduct of a party. The rules of both criminal and civil procedure generally restrict, and often prohibit, evidence of other actions or inactions,...

MN Court of Appeals rules indemnity pact found an 'insured contract'.(Minnesota)
April 11, 2005... Byline: Barbara L. Jones An indemnity agreement that includes an assumption of tort liability is an "insured contract," and therefore, the insurer is liable for all covered legal expenses - including legal expenses - that its insured must...

MN State Bar Association committee seeks reporting of legal malpractice coverage.(Minnesota)
April 11, 2005... Byline: Michelle Lore Lawyers in Minnesota may soon be required to report whether they carry malpractice insurance - at least if a Minnesota State Bar Association (MSBA) committee gets its way. At its January meeting the MSBA Rules of...

Minnesota's judiciary branch seeks modest funding rise this year from legislature.
April 11, 2005... Byline: Barbara L. Jones The state's judicial branch is asking the Minnesota Legislature for a budget increase of 5.6 percent over the next two years - an amount that comes very close to the recommended budget increase proposed by Gov. Tim...

MN Court of Appeals rules homebuilder entitled to a defense from its insurer.(Minnesota)
April 11, 2005... Byline: Michelle Lore A liability insurer's duty to defend a homebuilder against claims by homeowners was triggered where water damage due to faulty home construction arguably occurred during the homebuilder's policy period, the Court of...

MN Office of Lawyers Professional Responsibility seeks disbarment of Excelsior attorney.(Minnesota)(Brief Article)
April 11, 2005... Byline: Minnesota Lawyer Staff Reporter The Office of Lawyers Professional Responsibility (OLPR) has asked the Minnesota Supreme Court to revoke the probation of an Excelsior attorney and disbar him. In a petition filed on March 30,...

Waseca County judge named to Minnesota Court of Appeals.(Renee L. Worke)(Brief Article)
April 11, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty has named Waseca County District Court Judge Renee L. Worke to the Minnesota Court of Appeals. Worke, of Owatonna, is the chief judge of the 3rd Judicial District. Prior to her...

Gov. Tim Pawlenty has announced the appointment of Shari R. Schluchter to the 9th Judicial District.(governor)
April 11, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty has announced the appointment of Shari R. Schluchter to the 9th Judicial District trial court bench in Beltrami County and Barbara R. Hanson to the 7th Judicial District trial court...

Finalists announced for Hennepin County bench opening.(Lorie S. Gildea)(M. Jacqueline Regis)(E. David Reyes)(Raymond A. Wood)(Brief Article)
April 11, 2005... Byline: Minnesota Lawyer Staff Reporter Four finalists for a 4th Judicial District trial court bench vacancy in Hennepin County have been announced. The opening occurred with the retirement of Judge Myron S. Greenberg on March 1, 2005. The...

Minnesota Court of Appeals ponder permitting 'prior' problems.
April 11, 2005... Byline: Marshall H. Tanick It is a well-established fact that a large number of crimes are committed by recidivists, those who have committed crimes before. It also is widely known that introduction of evidence in a criminal case of a...

Ramsey County Bar Association entertains bench & bar.(Brief Article)
April 11, 2005... Byline: Minnesota Lawyer Staff Reporter Nearly 30 judges from the Minnesota state court system attended the Ramsey County Bar Association's annual Judges' Dinner on Thursday, March 31, at Bandana Square Banquet and Conference Centre. ...

MN People & Practices: April 11, 2005.(appoimntments)(Minnesota)
April 11, 2005... Byline: Minnesota Lawyer Staff Reporter Barna, Guzy & Steffen has announced that the following attorneys have joined the firm. Timothy D. Erb practices in residential and commercial real estate, conveyancing, real estate development,...

MN Court of Appeals rules malpractice suit against attorney was timely.(Minnesota)(Israel Mirviss)
April 18, 2005... Byline: Michelle Lore In a legal malpractice action based on an allegation that an attorney was negligent in preparing an antenuptial agreement, the statute of limitations did not begin to run until the plaintiff's ex-wife was awarded...

Assistant U.S. Attorney is committed to ethics education.(Henry J. Shea)
April 18, 2005... Byline: Michelle Lore Assistant U.S. Attorney Henry J. Shea has prosecuted several high profile cases of white-collar crime in recent years, including Patrick Forciea, the owner of a minor league hockey team who pleaded guilty to fraud...

MN Court of Appeals rules contractor not time-barred from claims for contribution/indemnity.(Minnesota)
April 18, 2005... Byline: Barbara L. Jones A general contractor was not time-barred from bringing a suit for contribution and indemnity against three subcontractors 11 years after the completion of a house that they were hired to build, the Minnesota Court...

Minnesota attorneys report increased interest in health-care directives among clients.
April 18, 2005... Byline: Barbara L. Jones The well-publicized case of Terri Schiavo resulted in ripples of worry among persons who hadn't planned for their care in the event of a similar tragedy. The Florida woman diagnosed as in a persistent...

Minnesota Statutes provisions for what to include in a health-care directive.(Brief Article)
April 18, 2005... Byline: Barbara L. Jones Minnesota Statutes sec. 145C.05, subd. 2 provides that a health-care directive may include provisions including, but not limited to, those listed below. Minn. Stat. sec. 145C.16 includes a suggested form that...

Focus Insights conference in Minneapolis counsels first-year law students.(Brief Article)
April 18, 2005... Byline: Minnesota Lawyer Staff Reporter About 100 first-year law students from all four of Minnesota's law schools garnered career tips and insights from their future colleagues at a Focused Insights conference held at Leonard, Street and...

Minnesota courts address what prosecutors may say ... and may not.
April 18, 2005... Byline: Marshall H. Tanick A highlight, and occasionally lowlight, of a criminal trial consists of the closing arguments made by the prosecution and defense. Defense attorneys are usually given broad leeway in their final argument to...

MN Supreme Court Chief Justice signs order establishing Chemical Dependency Task Force.(Minnesota)(Kathleen A. Blatz)(Brief Article)
April 18, 2005... Byline: Minnesota Lawyer Staff Reporter Minnesota Supreme Court Chief Justice Kathleen A. Blatz recently signed an order establishing a Chemical Dependency Task Force charged with exploring the pervasive and growing challenge for...

MN Supreme Court convenes at Stillwater area high school.(Minnesota)(Brief Article)
April 18, 2005... Byline: Minnesota Lawyer Staff Reporter About 2,200 Stillwater area students watched as the Minnesota Supreme Court convened at Stillwater Area High School on April 6. The state's highest court heard oral arguments in Doua Yang, et...

Univ. of St. Thomas School of Law to use restitution fund to create ethics center.(university)(Brief Article)
April 18, 2005... Byline: Michelle Lore The University of St. Thomas School of Law announced last week that it will receive $500,000 in restitution funds from a white-collar crime case to establish and endow a new center that will focus on servant...

MN Legal Briefs: April 18, 2005.(appointments)(Larkin Hoffman Daly and Lindgren)(Brief Article)
April 18, 2005... Byline: Minnesota Lawyer Staff Reporter Maslon Edelman Borman & Brand has announced that Emily M. Rome has joined the firm as a litigation associate with a focus in patent infringement. A 1999 graduate from the University of Minnesota Law...

MN Supreme Court rules suit can be brought vs. county under Child Abuse Reporting Act.(Minnesota)
April 25, 2005... Byline: Mark A. Cohen The father of a 19-month-old child who was beaten to death can pursue a wrongful death action against the county and two child protection workers for failing to discharge their duties under the Child Abuse Reporting...

Libertarian lawyers' group opens office in Twin Cities.
April 25, 2005... Byline: Barbara L. Jones The Washington, D.C.-based Institute for Justice (IJ) - which bills itself as the nation's premier libertarian public-interest law firm - has come to Minnesota and is now open for business. The IJ is a...

Rezoning request properly rejected, rules MN Court of Appeals.(Minnesota)
April 25, 2005... Byline: Michelle Lore The city of Minnetrista's refusal to grant a property owner's request that the city amend its comprehensive land-use plan and rezone the property for development was not arbitrary and capricious, the Court of Appeals...

MN State Bar Assn.'s pro bono program, LegalCORPS has strong first year - and plans to expand.(Minnesota)
April 25, 2005... Byline: Michelle Lore It's been a year since the Minnesota State Bar Association (MSBA) launched LegalCORPS, the business-law pro bono program that pairs attorneys with nonprofits and microenterprises that need legal assistance but...

University of St. Thomas School of Law legal-writing program ranked 20th best in nation.(Brief Article)
April 25, 2005... Byline: Minnesota Lawyer Staff Reporter In its "Best Graduate Schools 2006" issue, U.S. News & World Report magazine ranked the University of St. Thomas School of Law in the top 20 legal-writing programs in the nation. The magazine...

At mid-session, the Minnesota Legislature is in high gear.
April 25, 2005... Byline: Ember Reichgott Junge With about a month to go in the 2005 legislative session, attention at the capitol has turned from legislative committees to debate on the floors of the House and Senate. Policy committees have closed down for...

Rate-lock agreement must have expiration date rules MN Court of Appeals.(Minnesota)
April 25, 2005... Byline: Barbara L. Jones A rate-lock agreement without a definite expiration date renders a mortgage loan contract unenforceable, the Court of Appeals has held in a case of first impression. The contract violates the unambiguous...

MN Legal Briefs: April 25, 2005.(Minnesota)
April 25, 2005... Byline: Minnesota Lawyer Staff Reporter Larson King has announced that Louise Dovre Bjorkman has joined the firm as a partner after serving seven years as a judge of the Ramsey County District Court. Her practice will focus on appellate...

Commentary: Retaliation rulings reflect rights, risks & racism.
April 25, 2005... Byline: Marshall H. Tanick The hard-line Secretary of State during the height of the Cold War, John Foster Dulles, emphasized the importance of maintaining nuclear weapons as a retaliatory deterrent to preclude the Soviet Union from...