Minnesota Lawyer articles from August 2005

Minnesota Lawyer archives from August 2005

MN Supreme Court's award of relocation benefits to homeowner may impact all state municipalities.(Minnesota)(property sale at Lyndale Gateway become a case)(Housing and Redevelopment Authority)
August 1, 2005... Byline: Mark A. Cohen The Minnesota Supreme Court's recent decision to award relocation benefits to a Richfield homeowner may have an impact on municipal redevelopment projects throughout the state. The court found that the city's...

Minneapolis attorney presents CLE on how to gain an advantage in negotiation and settlement.(continuing legal education)
August 1, 2005... Byline: Michelle Lore The ability to gain a tactical advantage when negotiating a settlement is an important skill for a civil litigator. Minneapolis employment law attorney Cynthia A. Bremer recently provided continuing legal education...

Hennepin County Bar Assn. pres. discusses her goals and decision to make 'connectedness' her theme.(Interview)
August 1, 2005... Byline: Michelle Lore Lake Elmo litigator Marlene Garvis was member of the medical community before she joined the legal community more than two decades ago. Now this nurse-turned attorney is leading the state's largest county bar...

MN Supreme Court reverses conviction due to prosecutor's misconduct.(Minnesota)(Brief Article)
August 1, 2005... Byline: Minnesota Lawyer Staff Reporter A man found guilty of two counts of murder and four counts of attempted murder will receive a new trial because an Assistant Hennepin County Attorney improperly injected race into a final argument,...

MN Court of Appeals rules title to property cannot be based on void judgment.(Minnesota)(Brief Article)
August 1, 2005... Byline: Minnesota Lawyer Staff Reporter Property purchased from a judgment creditor cannot be legally conveyed later to a third-party purchaser if the creditor's underlying judgment is void for lack of jurisdiction, the Court of Appeals...

MN American Indian Bar Association to hold CLE on Indian law at Mystic Lake Casino.(Minnesota)(continuing legal education)
August 1, 2005... Byline: Minnesota Lawyer Staff Reporter While some CLE programs are a gamble, odds are you have never been to one in a casino. The prospect of playing blackjack or hitting the slot machines during a break would certainly be a draw, but...

St. Paul-based Centro Legal's chief legal officer, Jorge E. Saavedra, leaves organization.(Brief Article)
August 1, 2005... Byline: Minnesota Lawyer Staff Reporter After six years as Centro Legal's chief legal officer, Jorge E. Saavedra recently left the organization. Saavedra says he is helping to take care of his father and sister, both of whom are ill...

Commentary: Disbarment - not necessarily forever in Minnesota.(Column)
August 1, 2005... Byline: Betty M. Shaw Reinstatement to the practice of law after disbarment is a rare. Attorneys seeking reinstatement must prove by clear and convincing evidence that they have undergone a moral change such that clients can have complete...

MN Court of Appeals rules lender that failed to discover prior lien not entitled to priority.(Minnesota)
August 1, 2005... Byline: Michelle Lore A professional lender that failed to discover a properly recorded mortgage against a property before acquiring its own mortgage was not entitled to priority over a prior lienholder, the Court of Appeals has ruled. ...

Commentary: 'Emergency' doctrine emerges in recent court rulings.
August 1, 2005... Byline: Marshall H. Tanick The Fourth Amendment to the U.S. Constitution protects citizens against "unreasonable" searches and seizures, as does the parallel provision in Article I, Section 7, of the Minnesota Constitution. These clauses...

Commentary: Letter to the Editor: Legal secretary offers some advice for attorneys.(Letter to the Editor)
August 1, 2005... Byline: Minnesota Lawyer Staff To the editor: Alas - before my reputation is forever ruined. I am not the secretary referred to in the recent article - "Deportation vacated; counsel's assistance was ineffective."(See the July 18...

Overview of major changes in MN state laws affecting families.(Minnesota)
August 1, 2005... Byline: Ember Reichgott Junge Major family law changes and significant changes in public health laws added up to a legislative session of major impact on Minnesota families. While many changes will not become effective until 2007, lawyers...

American Bar Assn. releases results of pro bono activity survey.
August 1, 2005... Byline: Minnesota Lawyer Staff Reporter According to a new American Bar Association (ABA) survey, 66 percent of lawyers gave free legal assistance to people of limited means and organizations serving the poor, volunteering an average of 39...

Judicial elections in Minnesota are no longer nonpartisan.
August 8, 2005... Byline: Barbara L. Jones The 8th U.S. Circuit Court of Appeals last week struck down as unconstitutional campaign rules prohibiting candidates for judicial office in Minnesota from engaging in partisan political activities and soliciting...

Minneapolis litigator provides tips for conducting effective depositions.
August 8, 2005... Byline: Michelle Lore As a critical component of civil litigation, depositions often make or break a case. Minneapolis employment law attorney Gregory J. Stenmoe recently provided continuing legal education (CLE) seminar attendees with...

MN Court of Appeals rules grocery store owners can't get lost profits from tavern.(Minnesota)(Brief Article)
August 8, 2005... Byline: Minnesota Lawyer Staff Reporter The owners of a meat and grocery store damaged by a drunk driver cannot recover their lost profits from the liquor establishment that illegally served him, the Court of Appeals ruled last week. ...

MN Supreme Court finds exculpatory clause unenforceable.(Minnesota)(Voyagaire Houseboats)(Brief Article)
August 8, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court last week found the exculpatory clause in a houseboat rental agreement unenforceable because it violated public policy. The plaintiff sued defendant Voyagaire...

Rochester hospitals lose $4.1 million Medicare claim rules 8th Circuit Court of Appeals.(Rochester Memorial Hospital )(Brief Article)
August 8, 2005... Byline: Minnesota Lawyer Staff Reporter The 8th U.S. Circuit Court of Appeals has denied the claim of Rochester Memorial Hospital and St. Mary's Hospital in Rochester for approximately $4.1 million in Medicare reimbursements. The...

MN. Lawyers in the News: Aug. 8, 2005.(Minnesota)(Barna Guzy & Steffen announced Kristi R. Riley as shareholder)(Brief Article)
August 8, 2005... Byline: Minnesota Lawyer Staff Reporter Barna Guzy & Steffen have announced that Kristi R. Riley has become a shareholder. Riley's practice includes commercial real estate, commercial and retail leasing, condominiums, cooperatives and...

Commentary: Animal actions attract appellate attention.
August 8, 2005... Byline: Marshall H. Tanick Most lawsuits, criminal and civil alike, involve claims of wrongdoing by individuals or their organizations. But some cases arise out of behavior that is inhumane and, in certain circumstances, inhuman too. ...

Coming soon: A massive bill from the plaintiffs.(Brief Article)
August 8, 2005... Byline: Barbara L. Jones Another issue in Republican Party of Minnesota, et al. v. White, et al. is the total amount that it will cost the state - and attorneys. As prevailing parties in a deprivation-of-rights case, the plaintiffs...

Observers predict near-term effect of 'White' on MN elections will be limited.(Minnesota)
August 8, 2005... Byline: Mark A. Cohen Most judicial election observers predicted that the 8th U.S. Circuit Court of Appeals' recent decision in Republican Party of Minnesota v. White is unlikely to have a major impact in the 2006 election. However,...

Aviation law takes off.(lawyers specialized in aviation, brisk business)
August 15, 2005... Byline: Michelle Lore Skyrocketing fuel costs, wage battles with unions and a general decline in business travel have combined into a perfect storm that has battered the airline industry. Several big carriers are already in bankruptcy -...

Keeping up appearances: How to advise your employer clients on addressing issues of dress.(dress code of employees )
August 15, 2005... Byline: Barbara L. Jones Clothes make the man, proclaimed author Mark Twain, also noting, "Naked people have little or no influence in society." While an employee has to deal every day with the decision of what to wear to work, employers...

A bittersweet farewell to Bessie, the plywood cow on Minnesota.(At last Greg Wersal won )
August 15, 2005... Byline: Mark A. Cohen Pity poor Greg Wersal. He wins the case of his life, and he still does not get a lot of respect from the media. In an article called "Lawyer with goofy tactics wins big in judicial campaigns," the Star Tribune vividly...

8th U.S. Circuit Court of Appeals to hold judicial conference in Colorado.(Brief Article)
August 15, 2005... Byline: Minnesota Lawyer Staff Reporter The 8th U.S. Circuit Court of Appeals is holding its 2005 Judicial Conference at the Broadmoor resort in Colorado Springs, Colo., Oct. 18-21. All members of the bar are invited to register and attend...

Candidates for 10th District bench in Minnesota announced.(Brief Article)
August 15, 2005... Byline: Minnesota Lawyer Staff Reporter Governor Tim Pawlenty announced last week that he has accepted the recommendations of the Commission on Judicial Selection for four 10th Judicial District trial court bench vacancies. Two of the...

Airline woes may affect plaintiffs' cases.
August 15, 2005... Byline: Michelle Lore The financial woes of the airline industry could have an impact on plaintiffs with claims pending against a troubled airline. Attorneys who represent plaintiffs in aviation accident cases say that the threat of...

Commentary: Federal, state appellate courts reject 'speedy' trial claims.(U.S. v. Lozano, State v. Kurz)
August 15, 2005... Byline: Marshall H. Tanick One of the most important, but infrequently litigated rights of criminal defendants is the constitutional guarantee for a prompt trial. Article I, sec. 6, of the U.S. Constitution and the parallel provision of...

MN. Lawyers in the News: Aug. 15, 2005.(Kalene Engel achieved judicial district pro bono award)(Minnesota association appointed Nicole N. Morris )(James H. Gilbert appointed in Drug abuse resistance education)(Minnesota)(Brief Article)
August 15, 2005... Byline: Minnesota Lawyer Staff Reporter Kalene Engel of Engel Law Office in Winona was recently awarded the 3rd Judicial District Pro Bono Award. Each judicial district in Minnesota nominated at least one attorney/law firm for outstanding...

Minneapolis defenders, prosecutors help homeless veterans.(Brief Article)
August 15, 2005... Byline: Minnesota Lawyer Staff Reporter More than 20 Minnesota public defenders and prosecutors participated in "Stand Down 2005" earlier this month by aiding homeless veterans. Stand Downs are typically one- to three-day events in...

MN. Court of Appeals blocks water treatment plant.(Minnesota Center for Environmental Advocacy)
August 15, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Court of Appeals last week blocked a water treatment plant for Annandale and Maple Lake. A majority on the court found that the Minnesota Pollution Control Agency violated the...

Gonzales speaks on the Patriot Act, voting rights and sentencing.(Alberto Gonzales)
August 15, 2005... Byline: Jane Pribek Just as most Americans look favorably upon the Voting Rights Act of 1965, 40 years from now the nation will look back on the USA PATRIOT Act (Patriot Act) as landmark legislation that was highly successful in achieving...

Minnesota delegates say speech was conciliatory, thoughtful.(Brief Article)
August 15, 2005... Byline: Jane Pribek The Minnesota delegation gave U.S. Attorney General Alberto Gonzales' speech a qualified thumps up. Minneapolis attorney Frederick E. Finch, chair of the Minnesota ABA delegation, said after Gonzales' speech that...

American Bar Assn. tackles the difficult question of threats to judicial independence.
August 15, 2005... Byline: Jane Pribek Is the independence of the judiciary at risk? This was the title of a special town hall meeting before the American Bar Association House of Delegates on Aug. 9, and the short answer to that question appears to be yes....

This year, it was internal governance that preoccupied the American Bar Assn. delegates.
August 15, 2005... Byline: Jane Pribek Emotions run high when slicing up the pie. Some years, the hot topics at the annual meeting of the American Bar Association's (ABA) House of Delegates focus upon the justice system or the practice of law. This year,...

Minnesota delegates weigh in on American Bar Assn. governance vote.(Minnesota State Bar Association)
August 15, 2005... Byline: Jane Pribek The Minnesota State Bar Association did not take positions on the various governance proposals, and therefore, among the Minnesota delegation, votes were "up and down" on the resolutions, said MSBA delegate Trudy J....

MN Supreme Court Justice Helen M. Meyer is finding high court life appealing.(Interview)
August 22, 2005... Byline: Michelle Lore Minnesota Supreme Court Justice Helen M. Meyer is entering her fourth year on the state's highest court at an interesting time for the judiciary. The country is immersed in a politically polarized debate about who...

Minnesota sentencing guidelines mandatory, not discretionary.(Blakely v. Washington)(U. S. v. Booker)
August 22, 2005... Byline: Mark A. Cohen In a widely anticipated decision, the Minnesota Supreme Court last week reaffirmed that it is mandatory for the state's trial court judges to follow the procedures laid out in the sentencing guidelines. The...

Minnesota interpreter program helps courts to deal with the influx of non-English speakers.
August 22, 2005... Byline: Barbara L. Jones Editor's note: This story is the first part of a series on interpreters in the courts. Considered the neglected "stepchild" of the court system, the state's interpreter program was understudied, underfunded and...

Commentary: Billing disputes: When your client becomes your adversary.
August 22, 2005... Byline: Neil Hamilton and Molly Hamilton Although much is written about the ethics of dealing with opposing counsel, far less attention is given to the ethical dilemmas faced when an attorney's own client becomes the adversary. Despite...

St. Paul federal courthouse to be vacated.(Warren burger federal courthouse)(Brief Article)
August 22, 2005... Byline: Minnesota Lawyer Staff Reporter U.S. District Court judge Richard Kyle has announced that the renovation of the Warren Burger Federal Courthouse in St. Paul will begin in October 2005. The building will be completely renovated to...

Commentary: Minnesota Bar Buzz August 22, 2005.
August 22, 2005... Byline: Minnesota Lawyer Staff Reporter It may be a nuisance, but at least it's attractive For the third straight year, Minnesota lawyers who long to be rock stars will pick up their musical instruments and jam for charity. The...

Regulatory changes made by the 2005 Minnesota Legislature.
August 22, 2005... Byline: Ember Reichgott Junge The longer-than-normal 2005 legislative session generated more than the usual number of regulatory changes. From regulating highway speed limits to shooting ranges, data privacy to consumer protection, there is...

How to maximize your clients' recoveries in difficult death cases.
August 22, 2005... Byline: Michelle Lore Wrongful death cases are emotionally draining - for the family of the decedent, as well as the attorney pursuing the claim on its behalf. Pursuing such a case when the decedent has no dependents or wage loss is an...

Minnesota Supreme court clarifies admissibility test for battered-child syndrome.
August 22, 2005... Byline: Michelle Lore The Minnesota Supreme Court last week ruled that the admissibility of expert testimony on battered-child syndrome should be determined through application Minnesota Rule of Evidence 702 rather than through the...

Commentary: Appellate actions approve and avoid arbitration.
August 22, 2005... Byline: Marshall H. Tanick Arbitration is the form of alternative dispute resolution (ADR) that is most commonly used to resolve legal disputes through an adjudicative-like process - unlike mediation, which resolves disputes in a...

MN Supreme Court nixes controversial instruction on pre-existing injuries.(Minnesota)(Heine v. Simon)
August 22, 2005... Byline: Barbara L. Jones The Supreme Court last week upheld the Court of Appeals' decision to strike down a controversial jury instruction involving damages suffered by individuals with pre-existing injuries. The jury instruction -...

Minnesota Lawyers in the News: August 22, 2005.(Brief Article)
August 22, 2005... Byline: Minnesota Lawyer Staff Reporter Robins, Kaplan, Miller & Ciresi has announced that intellectual property litigator Nicole N. Morris has been elected vice president of the Minnesota Association of Black Lawyers for 2005-06. ***...

Minnesota Trial Lawyers Assn. elects officers, recognizes members.
August 29, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Trial Lawyers Association (MTLA) earlier this month named a new slate of officers and board members. Elected officers at MTLA's annual meeting at Arrowwood Resort in Alexandria, Minn.,...

Commentary: Medical matters: Diagnosis exception to the hearsay rule.
August 29, 2005... Byline: Marshall H. Tanick Medical personnel are often called upon to participate in legal proceedings. Their testimony may range from a description of injuries to the conformance or deviation with applicable standards of care in similar...

MN Legal Briefs August 29, 2005.(Minnesota)(appointments in law firms)(Brief Article)
August 29, 2005... Byline: Minnesota Lawyer Staff Reporter Felhaber, Larson, Fenlon & Vogt has announced that Richard Savelkoul has joined the firm. Savelkoul practices in the areas of business, energy, real estate and estate planning. He received his J.D....

MN "peer review" statute is a major deposition issue in medical-malpractice cases.(Minnesota)(Brief Article)
August 29, 2005... Byline: Barbara L. Jones Minneapolis attorney Chris Messerly, who represents plaintiffs in medical-malpractice cases, observed that a legal issue that is frequently raised in medical depositions concerns the information that defendants...

Animal law is a growing area.
August 29, 2005... Byline: Michelle Lore With dogged determination, ferocious drive and a little horse sense, animal-law attorneys have dug out an attractive practice area. The Minnesota State Bar Association (MSBA) two years ago approved the creation of...

How to deal with difficult depositions.
August 29, 2005... Byline: Barbara L. Jones Imagine a court reporter, lawyers and a defendant waiting nearly four hours for a plaintiff to show up for her own deposition and then finding out that she had been playing golf the whole time. Add in the fact that...

Plaintiffs' suits against religious organizations present some unique challenges.
August 29, 2005... Byline: Michelle Lore As a case decided by the Court of Appeals last week demonstrates, pursuing claims against churches and religiously affiliated organizations presents some unique issues for plaintiffs' lawyers. In Doe v. Lutheran...

Religion and the Minnesota Human Rights Act.(Brief Article)
August 29, 2005... Byline: Michelle Lore Minneapolis employment discrimination attorney Joni M. Thome has researched how far the Minnesota Human Rights Act (MHRA) goes in cases involving religious institutions. In one such case, Thorson v. Billy Graham...

Bar Buzz: August 29, 2005.(Justice Paul Anderson hip wound operation)(judges appointment in court)(Lindquist and Vennum achieved highest ranking )
August 29, 2005... Byline: Minnesota Lawyer Staff Reporter Justice Paul Anderson: Has new hip, will travel It should come as no surprise to anyone in the legal community that a mere hip replacement couldn't keep Supreme Court Justice Paul Anderson away...

Interpreter issues have given rise to numerous court challenges in Minnesota.(supportinig the deaf )
August 29, 2005... Byline: Barbara L. Jones Editor's Note: This is the second in a three-part series on interpreters in the courts. Public defenders have on many occasions challenged the interpreter services afforded their clients, arguing that the...

Minnesota courts settled deaf users' ADA complaints in 2002.(Americans with Disabilities Act)
August 29, 2005... Byline: Barbara L. Jones Representatives of the deaf community believe that the state courts are currently responsive to the needs of their constituents, but it hasn't always been that way. Following several complaints of nonexistent...

The growth of 'kinship care' is fostering some legal issues.
August 29, 2005... Byline: Jane Pribek The apple doesn't fall far from the tree. That's why it makes little sense to place a foster child with a relative, right? Wrong. According to Prof. Mark Testa, of the School of Social Work at the University of...

A new alternative for some relative-caregivers in Minnesota.(Relative Custody Assistance Program in Minnesota for children )
August 29, 2005... Byline: Jane Pribek In Minnesota, the AARP's Grandparent Information Center, using data from the 2000 Census, estimates that there are approximately 34,000 children living in grandparent-headed households, or about 2.6 percent of all...

Commentary: Who should be a corporate director?
August 29, 2005... Byline: Stephen B. Young Lawyers are trained to meet professional demands; they are licensed and required to take continuing education to keep them abreast of their responsibilities. Engineers, accountants, doctors and dentists - other...