Minnesota Lawyer articles from February 2003

Minnesota Lawyer archives from February 2003

MN Legal Briefs Feb. 3, 2003.(Minnesota )
February 3, 2003... Byline: Minnesota Lawyer Staff Reporter Steven A. Schumeister, managing partner of Robins, Kaplan, Miller & Ciresi L.L.P., has been elected president of the board of directors of the Legal Rights Center, Inc. (LRC). Schumeister's legal...

Handicapped parking fee is found illegal.
February 3, 2003... Byline: Barbara Jones A Hennepin County District Court judge has ruled that the state of Minnesota cannot charge a $5 fee for handicapped parking permits because the fee violates the Minnesota Human Rights Act (MHRA), Minn. Stat. sec....

Claims vs. church over marital counseling can proceed.(Brief Article)
February 3, 2003... Byline: Minnesota Lawyer Staff Reporter The Court of Appeals ruled last week that the District Court has subject matter jurisdiction to hear claims against a church arising out of the allegedly negligent marriage counseling of one of its...

High court orders new continuing legal ed. rule on personal development courses.(Minnesota State Board of Continuing Legal Education)
February 3, 2003... Byline: Barbara Jones The Supreme Court has directed the Minnesota State Board of Continuing Legal Education (CLE board) to submit a proposal for amendment to the CLE rules broadening the standards for course approval to allow credit for...

Commentary: First Amendment does not bar attorney disciplinary action.
February 3, 2003... Byline: Office of Lawyers Professional Responsibility Few individual rights are as jealously guarded in this country as that guaranteed by the First Amendment of freedom of speech. People living in the United States may criticize others,...

Denial of blood test not fatal to DWI case.(driving while intoxicated)
February 3, 2003... Byline: Michelle Lore A defendant's constitutional right to due process was not violated where the police denied him the opportunity to obtain an independent blood-alcohol-level test after he had refused the police-administered test, the...

Records of law firm's billing in tobacco case not privileged.
February 3, 2003... Byline: Michelle Lore Where a law firm's billing records for work done jointly for the state and another client were publicly accessible as government data, neither the attorney-client privilege nor the work-product doctrine protected the...

Student can sue over injury from woodworking.
February 3, 2003... Byline: Barbara Jones A woodworking teacher was not immune from suit for an injury that occurred to a student who was cutting wood with a table saw during class, the Court of Appeals has held. The teacher had instructed the class not...

Ramsey County defenders limit representation in child abuse cases.
February 10, 2003... Byline: Barbara Jones A shortage of resources has led the Ramsey County Public Defender's office to refuse representation of parents facing allegations of child abuse or neglect in nonemergency cases, officials say. Ramsey County...

Commentary: Court casts aside precedence in ERISA ruling.(Employee Retirement Income Security Act of 1974)
February 10, 2003... Byline: Marshall Tanick The doctrine of stare decisis is a powerful one in the law. It dictates that prior judicial rulings be upheld, even though they may be considered to have been erroneously decided. This principle of precedent is...

Dismissal of invasion of privacy claim is upheld.
February 10, 2003... Byline: Michelle Lore Disclosure by a lender of a prospective purchaser's credit information to a single individual was not sufficient publicity to establish a claim for publication of private facts, the Court of Appeals has ruled. ...

MN Legal Briefs Feb. 10, 2003.(new partners named at law firms)(Brief Article)
February 10, 2003... Byline: Minnesota Lawyer Staff Reporter David Hvistendahl and Ronald L. Moersch have named Jacqueline A. Dorsey as a partner in their Northfield office. The firm name will now be Hvistendahl, Moersh & Dorsey, P.A. Dorsey joined the firm in...

Client's loss of $100K investment leads to fraud, malpractice suit.
February 10, 2003... Byline: Barbara Jones The Willmar, Minn., law firm of Darval, Wermerskirchen & Frank (DWF) and one of its partners is being sued by a former client for fraud, malpractice and violating the federal Securities Act. The plaintiff client,...

Parent is presumed unfit due to prior terminations.
February 10, 2003... Byline: Barbara Jones Where a mother's rights to two older children had been involuntarily terminated, the county was not required to develop a case plan and make reasonable efforts to reunite her with another child in foster care prior to...

Financial planners sanctioned to protect investors.
February 10, 2003... Byline: James Eccleston Over 40,000 individuals have earned the designation "CFP," or Certified Financial Planner. The Certified Financial Planner Board of Standards, Inc. polices the ranks to ensure that the CFP designation continues to...

Malpractice claim against defense attorney not barred.(Court of Appeals rules on statute of limitations regarding legal malpractice cas)
February 10, 2003... Byline: Minnesota Lawyer Staff Reporter A legal malpractice claim against a criminal defense attorney based on a 1990 conviction is not barred by the statute of limitations when the conviction was vacated by a federal court in 1999, the...

Commentary: Criminal justice system not out of control.
February 10, 2003... Byline: Reader Submission To the editor: I write for two reasons. First, and foremost, to thank Minnesota Lawyer for your recognition of me as one of Minnesota's 12 "Attorneys of the Year" for 2002. It is indeed an honor to be...

Commentary: The status of women in the profession and best practices.
February 17, 2003... Byline: Lisa Montpetit Brabbit Although the legal profession has opened its doors to women, it appears in many cases that the doors still reveal a glass ceiling. The most current research in Minnesota suggests that progress for women,...

Interview with first Asian American woman on MN bench.(Chu, Regina)(Minnesota)
February 17, 2003... Byline: Michelle Lore Last July Regina Chu became the first Asian American woman to serve on the Minnesota bench. Only one other Asian American, Judge Tony N. Leung, has been appointed to a seat on a Minnesota court. Gov. Arne Carlson...

Property loss claim barred by business exclusion.
February 17, 2003... Byline: Barbara Jones A homeowner's policy did not cover damage to property used for a business purpose that was not disclosed to the insurer, even though the damage was unrelated to the business use, the Court of Appeals has held. ...

DWI victim had six years to file suit for negligence.(driving while under the influence)
February 17, 2003... Byline: Michelle Lore A woman injured by an intoxicated minor's negligence had six years to bring a common law action against the individuals that provided him with alcohol, the Court of Appeals has ruled. The minor was served alcohol...

Changes aimed to improve the satisfaction of jurors.
February 17, 2003... Byline: Michelle Lore Changes designed to improve juror satisfaction with the state's jury system are on the horizon. Late last month, the Minnesota Supreme Court issued an order regarding recommendations made by its Jury Task Force. ...

Commentary: Courts rule on marital-related gift lawsuits.
February 17, 2003... Byline: Marshall Tanick On Valentine's Day last week, exchanges of mementos of affection were plentiful. In addition to cards, flowers, and other gratuities, more than the usual numbers of promises of love were communicated, often...

MN Revenue Department names assistant commissioner.(Minnesota)(Brief Article)
February 17, 2003... Byline: Minnesota Lawyer Staff Reporter Commissioner Dan Salomone of the Minnesota Department of Revenue recently announced that he has named Raymond R. Krause as assistant commissioner of tax policy. Krause has most recently served as...

Minnesota Supreme Court honored for law day activities.(Brief Article)
February 17, 2003... Byline: Minnesota Lawyer Staff Reporter The American Bar Association Standing Committee on Public Education honored the Law Day 2002 activities of the Minnesota Supreme Court at an awards breakfast Feb. 8 at the ABA Midyear Meeting in...

Commentary: Judiciary, Crime Committees face many issues.
February 17, 2003... Byline: Ember Reichgott Junge Key legislators expect a wide range of issues to come before the Judiciary and Crime Prevention Committees of the Minnesota Legislature during the 2003 session. Some will be highly controversial issues debated...

Commentary: Appointment of counsel for parents in child abuse cases.
February 17, 2003... Byline: Reader Submission To the editor: There is a quotation by a Ramsey County judge in your Feb. 10 article about appointment of counsel for indigent parents in Ramsey County CHIPS cases ("Ramsey County defenders limit...

ABA concludes mid-year meeting in Seattle.(American Bar Association)(Brief Article)
February 17, 2003... Byline: Minnesota Lawyer Staff Reporter The American Bar Association House of Delegates last week concluded its 2003 Midyear Meeting sessions after urging access to counsel and meaningful judicial review for U.S. citizens and residents...

Res Ipsa Loquitur helps lawyers maintain balance.
February 17, 2003... Byline: Barbara Jones Three years ago, lawyers seeking congruence between their personal and professional identities came together to form Res Ipsa Loquitur. The name -- a Latin phrase which literally means "the thing speaks for...

MN Legal Briefs Feb. 24, 2003.(Minnesota)
February 24, 2003... Byline: Minnesota Lawyer Staff Reporter Harry Sieben Jr., president of the personal injury law firm of Sieben, Brose, Bon Holtum & Carey, Ltd., was recently selected for the national legal directory The Best Lawyers In America. In addition...

MN Court of Appeals rulings uphold vehicle forfeitures.(Minnesota)
February 24, 2003... Byline: Marshall Tanick The law of forfeiture of property due to its involvement in illegal behavior is often a harsh remedy. A trio of rulings by the Minnesota Court of Appeals recently upheld vehicle forfeitures over claims that...

Developer appeals Rochester's permit grant.
February 24, 2003... Byline: Minnesota Lawyer Staff Reporter A developer who claimed that local planning and code regulations had prevented him from making economic use of his land, amounting to an unconstitutional taking of the property, will seek further...

U.S. high court will soon tackle race-preferences case.
February 24, 2003... Byline: Barbara Jones Three local lawyers are participants in what could be one of the most pivotal U.S. Supreme Court cases involving race in the classroom since Brown v. Board of Education. The lawsuit, Grutter v. Bollinger is a...

Umbrella carrier had a duty to defend claim.
February 24, 2003... Byline: Michelle Lore A specific request was not needed to invoke an umbrella carrier's duty to defend its insured where the insurer had notice of the suit and an opportunity to defend, the Minnesota Supreme Court has ruled. The...

Chisago County had no authority to reject plat plan.
February 24, 2003... Byline: Michelle Lore A county's board of commissioners lacked authority to deny an application for approval of a preliminary plat that proposed a permitted use and complied with the regulatory standards prescribed for that use, the Court...

William Mitchell law students to celebrate Black History Month.(Brief Article)(Panel Discussion)
February 24, 2003... Byline: Minnesota Civil Liberties Union In celebration of Black History Month, the Black Law Student Association at William Mitchell College of Law (WMCL) is hosting a panel discussion on blended sentencing and extended juvenile...

Order of child support should be calculated by birth order.
February 24, 2003... Byline: Barbara Jones The child support for an obligor with multiple obligations should be determined in the order of the birth of the children unless a District Court judicial officer has good cause to deviate from a chronological...

MN courts, Legal Aid face a 10 percent budget cut.(Minnesota)
February 24, 2003... Byline: Barbara Jones The state's judicial system will have to absorb a 10 percent budget reduction if Gov. Tim Pawlenty's proposed budget for fiscal years 2004 and 2005 becomes a reality. The governor's budget proposal seeks to...