Minnesota Lawyer articles from February 2005

Minnesota Lawyer archives from February 2005

Court of Appeals says workers' comp insurer has the right to intervene.
February 7, 2005... Byline: Michelle Lore Where an employee sued a third party for injuries sustained in a car accident, his employer's workers' compensation insurer could intervene in the litigation before the District Court judge approved or disapproved a...

MN Supreme Court taking a look at judicial memberships.
February 7, 2005... Byline: Michelle Lore The Minnesota Supreme Court is currently considering whether to broaden the rule that regulates judges' participation in organizations that discriminate. Canon 2 of the Judicial Code mandates that judges avoid...

MN Supreme Court mulls defense of reliance on legal advice.
February 7, 2005... Byline: Barbara L. Jones The Minnesota Supreme Court recently heard oral arguments on the issue of whether evidence of a defendant's reliance on advice of counsel and/or reliance on a government official's interpretation of law should be...

St. Paul law firm celebrates 75 years of law and politics.
February 7, 2005... Byline: Michelle Lore The South St. Paul law firm of LeVander, Gillen & Miller, P.A., recently celebrated its 75th anniversary. The firm is unique in that over the last three-quarters of a century it has employed many attorneys who...

Commentary: Ethical considerations in providing unbundled legal services.
February 7, 2005... Byline: Office of Lawyers Professional Responsibility It will come as no surprise to anyone who spends a significant amount of time in the courtroom that there is an ever-growing number of people who appear pro se. In an effort to...

Commentary: A third year law student reflects on his experience at UST Law School.(University of St. Thomas School of Law)
February 7, 2005... Byline: John Saunders One professor has an "Ashcroft is watching you" sticker on her computer; the professor upstairs from her has a picture of the Pope on her door and is a nationally known pro-life advocate. Some students think a narrow...

MN Legal Briefs: February 7, 2005.(appointments at Minnesota law firms)(Mark F. Gaughan, Thomas A. Forker, Christine L. Tuft, Patrick Boley, Joseph D. O'Brien)(Brief Article)
February 7, 2005... Byline: Minnesota Lawyer Staff Reporter Jensen, Bell, Converse & Erickson has announced that Mark F. Gaughan has joined the firm as an associate attorney. Gaughan is a 2002 graduate of Hamline University School of Law and will be practicing...

MN Court of Appeals tackles two tolling topics together.(Minnesota)
February 7, 2005... Byline: Marshall H. Tanick Under the doctrine of tolling, a statute of limitations may be suspended in order to salvage an otherwise untimely lawsuit. The grounds for tolling may range from incapacity of the claimant to improprieties...

Vacancy announced on 2nd Judicial District trial court bench.
February 7, 2005... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced that applications are being accepted for a 2nd Judicial District trial court bench vacancy in Ramsey County. The vacancy occurred with the Supreme...

ABA survey examines disability laws in all 50 states.(American Bar Association)(Brief Article)
February 7, 2005... Byline: Minnesota Lawyer Staff Reporter The American Bar Association (ABA) Commission on Mental and Physical Disability Law has released a new survey of state disability discrimination laws. Written by John W. Parry, commission director,...

Minnesota Lawyer is honored for 'community leadership'.(Brief Article)
February 7, 2005... Byline: Minnesota Lawyer Staff Reporter Minnesota Lawyer was recently honored for its community leadership for developing and implementing a Web site that provided information about judicial candidates during the 2004 election. On Jan....

MN Court of Appeals rules antenuptial agreement is enforceable if validly executed.
February 14, 2005... Byline: Michelle Lore An antenuptial agreement that was not executed in accordance with the statutory requirement that two people witness the agreement was invalid and unenforceable, the Court of Appeals has ruled. In so ruling, the...

MN Supreme Court rules state dog bite statute applies to police dogs.(Minnesota)
February 14, 2005... Byline: Barbara L. Jones The state dog bite statute, Minn. Stat. sec. 347.22, may be the basis of a suit over a bite inflicted by a police dog, the Minnesota Supreme Court has ruled. The suit was brought by the wife of a man upon whom...

Domestic-partner benefits gaining ground at some of Minnesota's largest law firms.
February 14, 2005... Byline: Jane Pribek Remember the movie Philadelphia, in which a gay lawyer at a big law firm, the stereotypical "old boys' club," is ousted from his employment largely on the basis of his sexual orientation? The film is now over a decade...

'Short course for MN litigators' reviews a year's worth of legal developments in civil arena.(Minnesota)
February 14, 2005... Byline: Michelle Lore In just half a day, a group of Minnesota litigators recently received a review of a year's worth of legal developments in the civil arena. The continuing legal education seminar - "The Litigator's Annual Short...

New election complaint procedure in Minnesota declared a success.
February 14, 2005... Byline: Ember Reichgott Junge It is a rarity in today's politics to find agreement on major changes to election laws. But a new law passed last legislative session overhauling Minnesota's election complaint procedures has been declared a...

8th Circuit rules police officers not liable for fatal collision at intersection.
February 14, 2005... Byline: Barbara L. Jones Where two deputies responding to a domestic-disturbance call ran a red light in a cruiser with its lights and sirens activated, the family of a woman killed in a collision with the police vehicle cannot pursue a...

Commentary: Investor protection efforts worth noting.
February 14, 2005... Byline: James J. Eccleston The National Association of Securities Dealers (NASD) recently issued its own report card for 2004, and graded itself very highly. The NASD concluded that it had finished "another extremely productive year in...

Advice from MN attorney on keeping an opponent's expert out and your own in.(Minnesota)
February 14, 2005... Byline: Michelle Lore It's been 12 years since the U.S. Supreme Court announced a new standard for the admission of scientific evidence in Daubert v. Merrell Dow Pharmaceuticals, Inc.. The Daubert court ruled that trial judges could admit...

MN Legal Briefs: February 14, 2005.(appointments at Minnesota legal firms)(Judith M. Rush, Frederick E. Kaiser, Thomas Dickson)
February 14, 2005... Byline: Minnesota Lawyer Staff Reporter The Lawyers Professional Responsibility Board has named Roseville attorney Judith M. Rush as vice-chair. Rush was originally appointed to the Lawyers Board in 2001 and reappointed in 2004. She...

Recent massacre of six Wisconsin hunters recalls Minnesota hunting cases: Part I.
February 14, 2005... Byline: Marshall H. Tanick Editor's note: This is the first of a two-part series. The recent massacre of six Wisconsin hunters has stirred a great deal of attention to fatalities and other injuries occurred during the recreational...

Failure to file expert affidavit proves fatal to contractor's suit, Court of Appeals rules.
February 21, 2005... Byline: Michelle Lore A contractor who failed to file the statutorily required expert-identification affidavit within 180 days after initiating a negligence action against an engineer could not benefit from the 60-day period available to...

Sensitivity to gay, lesbian, bisexual, and transgender issues on the rise at Minnesota firms.(Editorial)
February 21, 2005... Byline: Jane Pribek Editor's Note: The following is the second part in a two-part report on how Minnesota law firms are addressing issues of concern to the GLBT community. About 18 months ago, Lindsay Thomas wrote the following in an...

MN family law practitioners give advice on effective practice.
February 21, 2005... Byline: Barbara L. Jones It's a truism that family law clients will be unhappy with their attorneys, but some Minnesota practitioners say that need not be the case. A few experienced practitioners recently shared their thoughts on keeping...

Minnesota Lawyer recognizes 15 lawyers at its annual 'Attorneys of the Year' dinner.(Brief Article)
February 21, 2005... Byline: Minnesota Lawyer Staff Reporter Minnesota Lawyer recognizes 15 lawyers at its annual 'Attorneys of the Year' dinner Minnesota Lawyer last week held its annual "Attorneys of the Year" awards dinner. Several hundred members of...

MN lawmakers, governor restore funding to public defenders.(Brief Article)
February 21, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty last week signed a bill that restored $7.6 million in badly needed funding to the state Public Defender's Office. Without the funding, the office faced the grim prospect of...

MN conference aimed at preventing wrongful convictions.(Brief Article)
February 21, 2005... Byline: Minnesota Lawyer Staff Reporter More than 400 law enforcement and legal professionals from across Minnesota attended a conference recently on "Protecting the Innocent/Convicting the Guilty." Organized by the Hennepin County...

Statute of Limitations begins to run when survey error discovered, Court of Appeals says.
February 21, 2005... Byline: Barbara L. Jones An action for damages deriving from an erroneous land survey is timely when it is brought within two years of a resurvey that demonstrated negligence by the original surveyor, the Court of Appeals has held. ...

Commentary: Minnesota hunting cases have criminal hue.(Editorial)
February 21, 2005... Byline: Marshall H. Tanick Editor's note: This is the second of a two-part series. Minnesota litigation regarding fatalities and lesser injuries incurred during hunting cuts a broad swath. Many of the cases address civil law...

Finalists announced for 9th District judgeship.(Brief Article)
February 21, 2005... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced three finalists for a 9th Judicial District trial court bench vacancy in the city of Bemidji in Beltrami County. The vacancy occurred with the...

Local attorneys predict impact of federal class action law will be limited in Minnesota.
February 28, 2005... Byline: Barbara L. Jones On Feb. 18, President George W. Bush signed the Class Action Fairness Act, which some regard as the latest shot across the bow to plaintiffs' attorneys in the tort reform wars. Locally, both plaintiffs' lawyers...

Minneapolis attorney Rebecca Egge Moos elected new CEO of Bassford Remele.(chief executive officer)
February 28, 2005... Byline: Michelle Lore Recently elected chief executive officer (CEO) of the law firm of Bassford Remele, Minneapolis attorney Rebecca Egge Moos is a woman of many firsts. She is the first woman in her firm's 120-year history to hold the...

Hennepin County District Court Judge Myron S. Greenberg retires.
February 28, 2005... Byline: Barbara Jones Hennepin County District Court Judge Myron S. Greenberg - who is stepping down from the bench this week - emphasizes that he is absolutely not at the state's mandatory retirement age of 70. After three decades of...

University of St. Thomas School of Law dedicates statue of St. Thomas More.(Brief Article)
February 28, 2005... Byline: Minnesota Lawyer Staff Reporter The University of St. Thomas School of Law dedicated a statue of St. Thomas More, patron saint of lawyers, at a ceremony on Feb. 7. "As the patron saint of lawyers, St. Thomas More has a special...

Plaintiffs' attorney looks back on sexual harassment lawsuit against Iron Range mine.
February 28, 2005... Byline: Michelle Lore Filming began earlier this month in Eveleth, Minn., for a movie loosely based on a 14-year sexual harassment lawsuit filed against an Iron Range mine in the mid-1980s. The landmark case began in 1984 when Eveleth...

American Bar Association nominates new leadership.(lawyer Karen J. Mathis nominated for the post of president)(Brief Article)
February 28, 2005... Byline: Minnesota Lawyer Staff Reporter Denver lawyer Karen J. Mathis has been nominated to become president-elect of the American Bar Association (ABA). The ABA House of Delegates will vote on her nomination in August at the 2005 ABA...

MN Legal Briefs: February 28, 2005.(Minnesota)
February 28, 2005... Byline: Minnesota Lawyer Staff Reporter Pritchard Law Webs, publisher of LawMoose, has moved to 2100 Foshay Tower, 821 Marquette Avenue, Minneapolis. *** Briggs and Morgan has announced the firm's officers and board of directors...

Commentary: Dog decisions demonstrate dual doctrines.(using drug-sniffing dogs, police search scopes)
February 28, 2005... Byline: Marshall H. Tanick State constitutional provisions may be construed more broadly to afford greater rights to citizens than their counterpart provisions of the federal Constitution. Never was this notion more evident than in a...

Panel to look at reappointment of U.S. Magistrate Judge Franklin L. Noel of Minneapolis.(Brief Article)
February 28, 2005... Byline: Minnesota Lawyer Staff Reporter The current appointment of U.S. Magistrate Judge Franklin L. Noel of Minneapolis is due to expire on Nov. 1, 2005. As required by law, the court has established a merit selection panel of citizens to...

Dakota County to hold weekend court sessions.(Dakota County District Court)(Brief Article)
February 28, 2005... Byline: Minnesota Lawyer Staff Reporter Dakota County District Court will hold special weekend court sessions in order to provide an alternative time and location for people with active bench warrants to turn themselves in. The...