Minnesota Lawyer articles from December 2004

Minnesota Lawyer archives from December 2004

Magistrate judge erred in order for child support, MN Court of Appeals rules.
December 6, 2004... Byline: Michelle Lore Where a mother claimed an inability to pay child support and submitted evidence to support her claim, a child support magistrate erred in ordering her to pay the guideline amount without considering her resources and...

St. Paul federal court ready for $36M facelift.(Warren E. Burger Federal Building)
December 6, 2004... Byline: Barbara L. Jones President George Bush is expected to sign today a government spending bill that includes $36.6 million to remodel the Warren E. Burger Federal Building in St. Paul, which presently houses the federal courts, Social...

Christopher Dietzen pleased to be MN's newest appellate judge.
December 6, 2004... Byline: Michelle Lore The holidays are proving to be extra special this year for Bloomington attorney Christopher Dietzen. On Dec. 15, he will start his new job as the most recent addition to the Minnesota Court of Appeals. The...

Pornography convictions on multiple counts upheld, Court of Appeals rules.
December 6, 2004... Byline: Barbara L. Jones A man convicted of one count of dissemination and multiple counts of possession of child pornography was not entitled to the benefit of having the possession charges treated as lesser-included offenses where the...

Commentary: Alcoholism, chemical dependency within MN's legal community.
December 6, 2004... Byline: Office of Lawyers Professional Responsibility Over the past year, disciplinary matters have involved attorneys with alcohol and/or chemical dependency problems. One attorney recently pled guilty to felony driving while intoxicated...

MN's new lawyers sections gear up for the new year.
December 6, 2004... Byline: Amy Johnson Conner Recently Jason C. Kohlmeyer had a conversation with a senior member of his firm who lamented about younger lawyers' lack of involvement in the bar. In days gone by, everyone joined the bar and attended the...

Commentary: Nov. 22 column overlooked most important reason for doing pro bono.(Letter to the Editor)
December 6, 2004... Byline: Letter to the Editor To the editor: "Exploring Why Lawyers Should Do Pro Bono Work" (the "Observations" column that appeared in the Nov. 22 edition of Minnesota Lawyer), drew my attention because I am a strong proponent of...

Circuit courts to increase bar admission fees.(Brief Article)
December 6, 2004... Byline: Minnesota Lawyer Staff Reporter Michael E. Gans, clerk of court for the 8th U.S. Circuit Court of Appeals, recently announced on the court's Web site that there will soon be an increase in bar membership fees. Effective Jan. 1,...

Finalists announced for 10th District bench vacancies.(Brief Article)
December 6, 2004... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced five finalists for two 10th Judicial District trial court bench vacancies. The vacancies are due to the retirement of Judge Bruce R. Douglas on Oct....

Commentary: U.S. Supreme Court examines IRA exemption case.(individual retirement annuity)
December 6, 2004... Byline: Marshall H. Tanick The economic future of millions of aging Americans, particularly those in Minnesota, will be at stake when the U.S. Supreme Court soon decides an important case from this jurisdiction involving Individual...

Ramsey County Bar Foundation presents $20,000 check to Legal Aid.(Southern Minnesota Regional Legal Services )(Brief Article)
December 6, 2004... Byline: Minnesota Lawyer Staff Reporter The Ramsey County Bar Foundation (RCBF) presented a check for $20,765.92 to Southern Minnesota Regional Legal Services (SMRLS) at the Campaign for Legal Aid Luncheon, held on Tuesday, Nov. 23, 2004,...

MN Legal Briefs: December 6, 2004.(Frederic Bruno & Associates )(Hellmuth & Johnson PLLC)
December 6, 2004... Byline: Minnesota Lawyer Staff Reporter Hellmuth & Johnson has announced the addition of three new attorneys: Shari A. Jacobus, Christopher R. Jones and Erik F. Hansen. Jacobus will serve as an associate concentrating her practice in the...

MN Court of Appeals rules interest in foreclosure action is statutory.(Minnesota)
December 13, 2004... Byline: Michelle Lore Where a bank foreclosed on a construction loan, the debt was reduced to a judgment by the foreclosure decree and interest should have been calculated at the statutory post-judgment rate rather than the loan rate, the...

Minnesota bar divided on whether to adopt battered-child defense.
December 13, 2004... Byline: Michelle Lore Minnesota attorneys are divided on whether a child who kills a parent should be entitled to present expert testimony supporting a battered-child defense at trial. The state Supreme Court is currently considering...

MN Court of Appeals rules mechanics' lien can be enforced by union trustees.(Minnesota)
December 13, 2004... Byline: Barbara L. Jones The trustees of a multi-union employee-benefit trust fund may file a mechanics' lien against real property improved through the labor of union employees, the Court of Appeals has determined. The trustees...

Minnesota's public defenders, Legal Aid face funding concerns again.
December 13, 2004... Byline: Barbara L. Jones The projected state budget shortfall of $700 million for the 2006-07 fiscal year puts a new number into the deficit column, but otherwise repeats the same bad news that public defenders and Legal Aid lawyers have...

8th Circuit rules antitrust case against Northwest Airlines is untimely.(Brief Article)
December 13, 2004... Byline: Minnesota Lawyer Staff Reporter The 8th U.S. Circuit Court of Appeals has upheld the dismissal of a private antitrust action against Northwest Airlines that stems from the 1986 merger of Northwest with Republic Airlines. The...

Paralyzed Veterans of America launch legal writing competition.(Brief Article)
December 13, 2004... Byline: Minnesota Lawyer Staff Reporter The Paralyzed Veterans of America (PVA) has announced its second annual legal writing competition. Through these competitions, which are open to all law students and attorneys, PVA hopes to generate...

St. Louis County District Court Judge Mark Munger's third novel explores Duluth history.
December 13, 2004... Byline: Barbara L. Jones The history of Minnesota can be traced in part to Czar Nicholas II of Russia, a tyrant who imposed "Russification" upon the Finnish people starting in 1898, including their conscription into the Russian military....

Oral arguments in MN Supreme Court's battered-child defense case.(Minnesota)
December 13, 2004... Byline: Michelle Lore At the Nov. 29 arguments in State v. MacLennan - a case in which the Supreme Court has been asked to recognize a battered-child defense in Minnesota - several of the justices questioned whether the defendant was...

Commentary: Hail to the chief: Rehnquist's views in Minn. cases.(Minnesota)(William Rehnquist)
December 13, 2004... Byline: Marshall H. Tanick The re-election of President Bush, coupled with the diagnosis of thyroid cancer of U.S. Supreme Court Chief Justice William Rehnquist, has focused renewed attention on potential vacancies on the nation's high...

MN Legal Briefs: December 13, 2004.(appointments)
December 13, 2004... Byline: Minnesota Lawyer Staff Reporter Dorsey & Whitney has hired twelve new associates: John Brogan, University of Iowa College of Law, IP litigation group; Josh Hill, University of Minnesota Law School, trial group; Jessie Larson,...

Administrative structure of Minnesota's court system to be reorganized in 2005.
December 20, 2004... Byline: Barbara L. Jones A reorganized administrative structure for the state's court system will take effect on July 1, 2005 - the same day that the transition of court funding from the county-level to the state-level will be completed....

MN Court of Appeals rules state law does not prohibit corporate employment of chiropractors.(Minnesota)
December 20, 2004... Byline: Barbara L. Jones Minnesota law does not prohibit the corporate employment of chiropractic, physical-therapy or massage-therapy practitioners, the Court of Appeals has ruled. Three clinics that provided such services sued two...

Minnesota law schools review ruling on on-campus military recruiting.
December 20, 2004... Byline: Michelle Lore Some Minnesota law schools are reviewing their policies on on-campus military recruiters in light of a recent federal appeals court decision finding unconstitutional a federal law that threatens universities that deny...

MN Court of Appeals rules security interest may attach to livestock.(Minnesota)(Border State Bank of Greenbush)(Bagley Livestock Exchange, Inc.)
December 20, 2004... Byline: Michelle Lore A District Court judge erred in finding a bank's security interest in a debtor's interest in livestock invalid without first examining whether the debtor had sufficient rights in the collateral for the security...

Jorgensen reappointed as head of Office of Lawyers Professional Responsibility.(Kenneth L. Jorgensen)(Brief Article)
December 20, 2004... Byline: Minnesota Lawyer Staff Reporter Kenneth L. Jorgensen has been reappointed as director of the Office of Lawyers Professional Responsibility (OLPR) and the Client Security Board for a two-year term effective Dec. 2, 2004. ...

Commentary: Hail to the chief: Rehnquist's views in Minn. cases, Part II.(Minnesota)(William Rehnquist)
December 20, 2004... Byline: Marshall H. Tanick The views of U.S. Supreme Court Chief Justice William Rehnquist have been reflected in a number of writings of the high court over the years in cases involving Minnesota. As discussed in last week's column,...

American Bar Assn. committee's principles seek to improve juror service.(American Bar Association)
December 20, 2004... Byline: Minnesota Lawyer Staff Reporter At a news conference last week, American Bar Association (ABA) President Robert J. Grey Jr. presented Supreme Court Justice Sandra Day O'Connor with the ABA American Jury Project's "Principles for...

MN Legal Briefs: December 20, 2004.(Minnesota)(appointments)
December 20, 2004... Byline: Minnesota Lawyer Staff Reporter Judge Robert G. Rancourt of the Chisago County District Court was awarded scholarships by the National Judicial College and the State Justice Institute to attend a course on occurring mental and...

Judicial confirmation of arbitration award required, Court of Appeals holds.
December 27, 2004... Byline: Barbara L. Jones A party injured in an automobile accident who sought underinsured motorist (UIM) benefits in addition to an arbitration award had to obtain judicial confirmation of the award but could do so after it had been paid,...

MN Lawyer names 15 as Attorneys of the Year.
December 27, 2004... Byline: Minnesota Lawyer Staff Reporter Minnesota Lawyer is pleased to announce the names of its 15 Attorneys of the Year for 2004. Attorneys of the Year are selected by the editors of Minnesota Lawyer after considering nominations...

Hennepin County continuing legal education program examines changes to class-action rules.
December 27, 2004... Byline: Michelle Lore The Civil Litigation Section of the Hennepin County Bar Association recently presented a continuing legal education (CLE) program exploring recent amendments to the rules governing class action lawsuits and a federal...

Possession of theft tool conviction not equal protection violation, Court of Appeals says.
December 27, 2004... Byline: Michelle Lore Classifying the offense of possession of a theft tool as a felony did not violate a defendant's right to equal protection of the laws, the Court of Appeals has ruled. The defendant was accused of using a cutting...

Videotaped statement erroneously admitted at trial, Court of Appeals rules.
December 27, 2004... Byline: Barbara L. Jones The videotaped statement of a 3-year-old sexual assault victim to a child-protection worker and a police detective was testimonial and therefore inadmissible as evidence, the Court of Appeals has ruled. The...

MN Supreme Court requests briefing on 'Blakely' remedies.
December 27, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has requested briefing on four specific questions relating to remedies in criminal matters in light of Blakely v. Washington, decided earlier this year by the U.S. Supreme...

Commentary: Minnesota's top 10 legal cases of 2004.
December 27, 2004... Byline: Marshall H. Tanick The time of the year has rolled around again for reviewing the top cases of the past 12 months. This ritual usually encompasses 10 cases, although occasionally strays, once even to a baker's dozen of 13. (See...

MN Legal Briefs: December 27, 2004.(Brief Article)
December 27, 2004... Byline: Minnesota Lawyer Staff Reporter Rider Bennett has announced that Steve Plunkett, a partner in the litigation department, has been named managing partner. Plunkett is a graduate of the University of Minnesota Law School. *** ...

Minnesota requires re-registration for bar every three years.(Brief Article)
December 27, 2004... Byline: Minnesota Lawyer Staff Reporter The U.S. District Court for the District of Minnesota requires members of its bar to re-register every three years in order to maintain an accurate roll of admitted attorneys. The last re-registration...