Minnesota Lawyer articles from August 2004

Minnesota Lawyer archives from August 2004

MN Supreme Court rules uninsured motorist claim over deaths of children can proceed.
August 2, 2004... Byline: Michelle Lore A woman whose two children were killed in a car accident could seek uninsured motorist benefits even though she failed to comply with the requirement under the wrongful death statute that she be appointed trustee for...

Minnesota's public defender's office averts threatened layoffs.
August 2, 2004... Byline: Michelle Lore State public defenders across the state breathed a sigh of relief last month when Gov. Tim Pawlenty and legislative leaders announced their commitment to rectifying the $7.6 million budget deficit created when the...

MN Court of Appeals rules intoxication doesn't bar no-fault benefits for frostbite.
August 2, 2004... Byline: Barbara L. Jones A woman whose fingers were amputated after she was frostbitten returning home from her disabled car was entitled to no-fault benefits even though she was intoxicated at the time of the injury, the Court of Appeals...

Lawyer presents education program on Minnesota's entertainment-related legal practice.
August 2, 2004... Byline: Barbara L. Jones Although Minnesota is far from Hollywood and the Big Apple, it is possible for an entertainment-related practice to thrive here, according to the faculty at a continuing legal education (CLE) program on the...

Commentary: Return to sender; address unknown.(notification of address changes)
August 2, 2004... Byline: Office of Lawyers Professional Responsibility It has become almost cliche to note that we live in a mobile society. As individuals we may relocate across town or across country. Lawyers are among the mobile, changing not just their...

Petition filed with MN Supreme Court to have Jambois removed from ballot.(Patricia Ursula Jambois)(Minnesota Supreme Court)
August 2, 2004... Byline: Minnesota Lawyer Staff Reporter George W. Soule, co-chair of Justice Helen Meyer's election campaign, last week filed a petition with the Minnesota Supreme Court to remove from the ballot Meyer's sole challenger, Patricia Ursula...

Supreme Court rules front pay award may be multiplied under MN Human Rights Act.(Minnesota Human Rights Act)(Brief Article)
August 2, 2004... Byline: Minnesota Lawyer Staff Reporter Front pay is a component of actual damages and is subject to multiplication under the Minnesota Human Rights Act (MHRA), the Supreme Court ruled last week, upholding a decision by a Hennepin County...

Attorney gets $111K award from Minnesota under Equal Access to Justice Act.
August 2, 2004... Byline: Barbara L. Jones Employing a seldom-used state statute, a Minneapolis lawyer last spring was able to collect more than $111,000 in attorney fees and costs on behalf of a real-estate developer who fought an action by the Minnesota...

MN Legal Briefs: August 2, 2004.(Minnesota)(Brief Article)
August 2, 2004... Byline: Minnesota Lawyer Staff Reporter Roy S. Ginsburg, an independent CLE provider, now offers coaching for lawyers. His one-on-one coaching sessions bring focus and discipline to client relationship activities. Ginsburg is the former...

Dual defamation decisions by MN Court of Appeals demonstrate disparities.(Minnesota )
August 2, 2004... Byline: Marshall H. Tanick Defamation litigation concerning harm to reputation poses a paradox. Both claimants and defendants alike grapple with doctrines that differ from those in normal tort litigation. The results of litigation...

Minneapolis lawyer shares insights for lawyers who would like to work with athletes.(player-agent relationships)
August 2, 2004... Byline: Barbara L. Jones Minneapolis lawyer Clark C. Griffith shared some insights for lawyers who would like to work with athletes, leagues and teams at the Midwest Art, Entertainment & Sports Law Institute in Minneapolis last month. ...

Judicial candidates face crowded race in Hennepin.
August 9, 2004... Byline: Michelle Lore With the primary just about a month away, the seven attorneys vying for the state's most contested judgeship are gearing up for what should be an exciting race. (Eight attorneys filed for the seat last month, but one...

Suppression of biker's intoxication was error.
August 9, 2004... Byline: Michelle Lore A District Court judge erred in determining that a police officer lacked articulable suspicion of criminal activity to stop a motorcyclist who had made a right turn against a traffic signal, the Court of Appeals has...

8th Circuit decision adds to uncertainty over sentencing.
August 9, 2004... Byline: Barbara L. Jones When the U.S. Supreme Court decided on June 24 in Blakely v. Washington that facts supporting an upward departure from sentencing guidelines must be determined by a jury, Justice Sandra Day O'Connor dissented,...

No immunity for clubhouse fall, rules Court of Appeals.
August 9, 2004... Byline: Barbara L. Jones A man injured by a fall down a flight of stairs at a municipal golf course clubhouse may proceed with his suit against the city and the corporation that maintained the property, the Court of Appeals has ruled. ...

8th Circuit affirms dismissal of tobacco lawsuit.(Smokeless tobacco)(Brief Article)
August 9, 2004... Byline: Minnesota Lawyer Staff Reporter The 8th U.S. Circuit Court of Appeals has affirmed a U.S. District Court judge's decision to throw out a lawsuit brought by the widow of a pro baseball player who died of mouth cancer after years of...

High court candidate is told to produce lawyer credentials.
August 9, 2004... Byline: Mark A. Cohen Secretary of State Mary Kiffmeyer notified state Supreme Court candidate Patricia Ursula Jambois last week that her name will be removed from the ballot at the end of next week unless she provides proof that she has a...

Commentary: Courts rule on dog bites and owners' liability.
August 9, 2004... Byline: Marshall H. Tanick The dog days of summer are now upon us. The short sultry season was heralded by a series of recent court rulings regarding canines and their owners. The decisions dealt with various aspects of legal responsibility...

MN Supreme Court rules employee can seek review of workers' comp claim.(alternative dispute resolution)(Minnesota Supreme Court)(Workers' Compensation Court of Appeals)
August 16, 2004... Byline: Michelle Lore An employee injured at work could seek Supreme Court review of a Workers' Compensation Court of Appeals decision denying him benefits, even though the alternative dispute resolution (ADR) process identified in a...

Attorneys weigh in on residency requirement for MN Court of Appeals.
August 16, 2004... Byline: Michelle Lore The Minnesota Supreme Court last week heard arguments on a challenge to Minnesota's longstanding requirement that one seat on the 16-member Court of Appeals be earmarked for each of the state's eight congressional...

MN Court of Appeals rules no remedy for unsecured creditor under mechanics' lien statute.(mechanics' lien statute )
August 16, 2004... Byline: Barbara L. Jones The mechanics' lien statute does not provide a remedy to an unsecured creditor against a bank that collected money owed to a subcontractor for the Grand Hotel in Minneapolis and did not distribute it to a company...

American Bar Assn. delegates pass resolution against mandatory minimum sentencing laws.(Jane Pribek)
August 16, 2004... Byline: Jane Pribek Federal judges' discretion shouldn't be hamstrung by mandatory minimum sentencing laws or by overly severe, one-size-fits-all sentencing guidelines, according to the American Bar Association's House of Delegates. ...

MN Sentencing Guidelines Comm. says state's system safe from major overhaul.
August 16, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota Sentencing Guidelines Commission has declared the state's system of imposing prison terms generally sound and urged against dramatic revisions in the wake of a recent U.S. Supreme Court...

MN Supreme Court Justice James Gilbert's resignation becomes official.(Brief Article)
August 16, 2004... Byline: Minnesota Lawyer Staff Reporter Former Supreme Court Associate Justice James H. Gilbert officially ended his tenure on the Minnesota Supreme Court at the end of business day Tuesday, Aug. 10. His office delivered his letters of...

8th Circuit vacates 'Mooney' decision, orders rehearing.(Brief Article)
August 16, 2004... Byline: Minnesota Lawyer Staff Reporter On its own motion, the 8th U.S. Circuit Court of Appeals on Aug. 6 vacated a July 23 sentencing guidelines decision and granted rehearing en banc in United States v. Mooney. In Mooney, a panel of...

MN State Bar Assn. sponsors program about waging a legal and ethical judicial campaign.
August 16, 2004... Byline: Mark A. Cohen Judicial candidates should wage their campaigns as if they already have the job that they seek, according to presenters at a recent continuing legal education (CLE) program on judicial campaign law and ethics. A...

MN appellate courts address judicial activism in a pair of criminal convictions.
August 16, 2004... Byline: Marshall H. Tanick Judges play a pivotal, indeed essential, role in the criminal justice process. But like actors in any drama, they must know their cues and hit their marks. Failing to restrict themselves to their proper roles...

American Bar Assn. Delegates take action on several initiatives.
August 16, 2004... Byline: Jane Pribek The use of torture. Appropriate responses to terrorism. Federal funding restrictions on stem cell research. The alternative minimum tax. These were just a few of the hot-button issues addressed at the Aug. 9-10 American...

American Bar Assn.'s House of Delegates adopts rule on insurance disclosure.(Minnesota State Bar Association )
August 16, 2004... Byline: Jane Pribek Got insurance? If the American Bar Association has its way, that question will become part of your annual registration statement. On Aug. 9, the ABA's House of Delegates passed a resolution adopting a model court...

MN Legal Briefs: August 16,2004.
August 16, 2004... Byline: Minnesota Lawyer Staff Reporter Paul Luehr, a former assistant U.S. attorney in Minnesota. has joined the Minneapolis office of Stroz Friedberg, LLC, a technical services and computer consulting company, as vice president. Luehr...

Judge Catherine Anderson chairs American Bar Assn. Criminal Justice Section.(Brief Article)
August 16, 2004... Byline: Minnesota Lawyer Staff Reporter Hennepin County District Court Judge Catherine L. Anderson became the new chairperson of the American Bar Association Criminal Justice Section during the association's annual meeting recently in...

ABA honors Minnesota State Bar Assn. and Minority Bar Summit.(American Bar Association)(www.MnLegalDiversity.org)(Brief Article)
August 16, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota State Bar Association and Minority Bar Summit received a 2004 ABA Partnership Award on Aug. 6 at the American Bar Association annual meeting in Atlanta in recognition of their recent...

Motion tolls time limit of dispositions of detainers act.(Uniform Mandatory Disposition of Detainers Act)
August 23, 2004... Byline: Barbara L. Jones A defendant's motion to dismiss a criminal charge for lack of probable cause tolls the six months in which the state must try a case under the Uniform Mandatory Disposition of Detainers Act (UMDDA), Minn. Stat....

Attorneys offer their thoughts on using day-in-the-life videos.
August 23, 2004... Byline: Michelle Lore A picture is worth a thousand words - especially in the case of a critically injured person who is trying to make others understand what a day in his or her life is like. Videos outlining a day in the life of an...

Online CLEs gradually gain acceptance with Minnesota bar.(Continuing Legal Education)
August 23, 2004... Byline: Barbara L. Jones About four years after the rules of the Minnesota State Board of Continuing Legal Education (CLE) were changed to allow attorneys to earn credits online, cyber CLE is a visible and growing, but not overwhelming,...

Commentary: The Civil Rights Act hits 40, but bias issues still abound.
August 23, 2004... Byline: Jane Pribek The 40th anniversary of the 1964 Civil Rights Act served as a springboard for discussion of the future of civil rights in the United States at the American Bar Association's annual meeting earlier this month in Atlanta....

Neighborhood court watch wins national award.(Hennepin County)(Brief Article)
August 23, 2004... Byline: Minnesota Lawyer Staff Reporter The Hennepin County Attorney's neighborhood court watch initiative has earned a 2004 Achievement Award from the National Association of Counties. The national award honors innovative programs that...

High court candidate's name to be taken off ballot.(Mary Kiffmeyer)(Brief Article)
August 23, 2004... Byline: Minnesota Lawyer Staff Reporter Minnesota Secretary of State Mary Kiffmeyer last week informed Patricia Jambois of Inver Grove Heights that her name would be removed from the 2004 judicial election ballot. Jambois sought to...

Justice James Gilbert is gone, but legacy continues on court.
August 23, 2004... Byline: Marshall H. Tanick The recent departure of Associate Justice James Gilbert from the Minnesota Supreme Court leaves a void on that tribunal. Gilbert was known for his plainly phrased writing and pragmatic outlook, although often...

Commentary: A look at newly available independent stock research.
August 23, 2004... Byline: James J. Eccleston Brokerage firms now must provide investors with independent stock research. That is one of the requirements of last year's $1.4 billion global analyst research settlement with securities regulators, who...

MN Legal Briefs August 23, 2004.
August 23, 2004... Byline: Minnesota Lawyer Staff Reporter Real estate and business law firm BenePartum Law Group has relocated its offices to Eagan. They will be establishing another office in Brooklyn Park later this year. *** Winthrop and...

Litigators comment on dealing with defendants with home-court advantage.
August 30, 2004... Byline: Barbara L. Jones Most litigators know the feeling of being "hometowned" -- trying a case in an unfamiliar venue before an unknown judge where it seems the other side is much more comfortable. In some cases, the trial locale becomes...

MN Court of Appeals rules state fund's subrogation claim was miscalculated.(Minnesota)
August 30, 2004... Byline: Barbara L. Jones A subrogation claim by the state workers' compensation fund against a wrongful death settlement should not have been reduced to account for the portions of the settlement that were not recoverable under the...

New Hennepin County Bar Assn. president has a penchant for innovation.
August 30, 2004... Byline: Michelle Lore Minneapolis intellectual property attorney Brent E. Routman has a knack for invention, whether it is creating innovative products for the marketplace or diverse new programs for a bar association. The energetic...

Tobacco tax statute is found to be constitutional by MN Court of Appeals.(Tobacco Manufacturers of America, et al. v. State of Minnesota)
August 30, 2004... Byline: Michelle Lore The 1 3/4 cent-per-cigarette or 35 cent-per-pack fee on cigarettes payable by distributors of tobacco products, found in Minn. Stat. sec. 297F.24, does not violate the First Amendment or the Equal Protection Clauses...

Hennepin County groups to sponsor judicial candidates' forum.(Brief Article)
August 30, 2004... Byline: Minnesota Lawyer Staff Reporter A forum for the seven candidates vying for a seat on the Hennepin County District Court bench will be held from noon to 1:30 p.m. on Thursday, Sept. 2 at the offices of Dorsey & Whitney in downtown...

8th Circuit affirms decision to leave parks open to snowmobiling.(Park service)(Voyageurs National Park )(Brief Article)
August 30, 2004... Byline: Minnesota Lawyer Staff Reporter The National Park Service's decision not to close 11 bays of the Voyageurs National Park to recreational snowmobile use was upheld last week by the 8th U.S. Circuit Court of Appeals. The decision...

Commentary: Strict liability not so 'strict' in Minnesota cases.
August 30, 2004... Byline: Marshall H. Tanick The doctrine of strict liability is well-grounded in American jurisprudence. In fact, it has distinct Minnesota roots. But a pair of recent federal and state court cases in Minnesota have questioned the...

MN Legal Briefs: August 30, 2004.(Minnesota)(Brief Article)
August 30, 2004... Byline: Minnesota Lawyer Staff Reporter Sharon Reich Paulsen has been appointed assistant vice president of the University of Minnesota and chief of staff to the provost. She is joining the central administration of the university after...