Minnesota Lawyer articles from January 2005

Minnesota Lawyer archives from January 2005

MN Court of Appeals rules insurer can get workers' comp paid from third party.(Minnesota)
January 3, 2005... Byline: Michelle Lore A workers' compensation insurer that paid benefits to the survivors of a man killed in the scope of his employment was entitled to recover all of those benefits from the third-party tortfeasor in a subrogation action,...

Suspended Hennepin County District Court Judge Harvey Ginsberg removed and ruled disabled.
January 3, 2005... Byline: Barbara L. Jones The Minnesota Supreme Court last week removed suspended Hennepin County District Court Judge Harvey Ginsberg from the bench for judicial misconduct. The high court found that Ginsberg had committed multiple...

Minneapolis attorney discusses his alternative dispute resolution practice and coffee plantation.
January 3, 2005... Byline: Michelle Lore Minneapolis attorney William Foster has practiced law in the Twin Cities area for more than 25 years. For the past seven years, however, his legal practice has consisted entirely of mediating and arbitrating disputes....

Minnesota appellate court issues two more Blakely rulings.(State v. Hagen; State v. Brooks)
January 3, 2005... Byline: Barbara L. Jones An upward durational departure from the Minnesota Sentencing Guidelines may not be based on an admission by the defendant unless the defendant also waives the right to a jury trial on the facts included in the...

Avoiding imputed disqualification through screening.
January 3, 2005... Byline: Office of Lawyers Professional Responsibility When clients hire attorneys they reasonably expect their attorneys to be loyal and to keep their confidences and secrets. Conflict of interest rules - 1.7, 1.8 and 1.9 of the Minnesota...

MN Court of Appeals rules court may establish attorney lien on arbitration award.(Minnesota)(Northern States Power Company v. Gas Services, Inc)(Brief Article)
January 3, 2005... Byline: Minnesota Lawyer Staff Reporter A District Court judge had jurisdiction to establish an attorney lien on an arbitration award pursuant to Minn. Stat. sec. 481.13, the Court of Appeals has ruled. Attorney Thomas Foster...

Commentary: Commandments cases carry circuit coloration.
January 3, 2005... Byline: Marshall H. Tanick God will be back before the Supreme Court this term as the court hears a pair of appeals regarding the placement of monuments depicting the Ten Commandments on public lands. The consolidated cases from Texas...

MN Legal Briefs: January 3, 2005.
January 3, 2005... Byline: Minnesota Lawyer Staff Reporter Messerli & Kramer has announced that Malcolm P. Terry and Derrick N. Weber were elected shareholders of the firm. Terry practices in the business litigation department with expertise in employment...

Supreme Court adopts mitigation standards in 'Ginsberg' case.(Brief Article)
January 3, 2005... Byline: Barbara L. Jones In its per curiam decision on Dec. 27, Inquiry into the Conduct of the Honorable Harvey C. Ginsberg, the Supreme Court took the opportunity to articulate standards to be used in evaluating a defense of mitigation...

MN lawyer suspended from appearing before U.S. Dstrict Court judge.(Attorney Patricia Mattos)
January 10, 2005... Byline: Michelle Lore U.S. District Court Judge Michael J. Davis recently suspended a St. Paul immigration lawyer from appearing in front of him for omitting material facts during an emergency hearing on a motion for a temporary...

Court of Appeals finds statements of child properly admitted.(out-of-court statements of nurse practitioner properly admitted in child sexual abuse case )
January 10, 2005... Byline: Michelle Lore A child's out-of-court statements to a nurse practitioner who was examining the child for purposes of medical diagnosis were properly admitted in a sexual-assault case, the Court of Appeals has ruled. The mother...

MN atty. Randall Tietjen compiles collection of letters by Clarence Darrow.
January 10, 2005... Byline: Barbara L. Jones Life goes on in the same way. Many emotions [[?]], lots of troubles to listen to, some money, but is hell to be the [general counsel] to the poor. Still I have had my share & more, and am glad I can afford to...

Covenantee's action on deed is found to be timely by Court of Appeals.(Roth v. Weir et al.; Minnesota Court of Appeals)
January 10, 2005... Byline: Barbara L. Jones A covenantee's action brought under a warranty deed was timely where it was brought less the six years after a third party foreclosed on a mortgage on the subject property, the Court of Appeals has ruled. A St....

Commentary: Arbitration appeals: Too soon, too late, too bad.
January 10, 2005... Byline: Marshall H. Tanick It is well established that the merits of an arbitration ruling are virtually impervious to appellate challenge. In Minnesota, arbitrators are deemed the final judges of law and fact, and their decisions will be...

MN Legal Briefs: January 10, 2005.(brief updates on Minnesota lawyers)
January 10, 2005... Byline: Minnesota Lawyer Staff Reporter Gray Plant Mooty has announced that seven attorneys have been elected principals of the firm. These new principals include: Amy Dahl, mergers and acquisitions, securities, business law transactions...

Susan Burke takes judicial oath in Hennepin County.(Brief Article)
January 10, 2005... Byline: Minnesota Lawyer Staff Reporter Susan Burke was sworn in as a 4th Judicial District Court judge on Wednesday, Jan. 5, at the Hennepin County Board Room in the Hennepin County Government Center. Burke obtained the judicial seat...

Conviction for firearm possession is vacated by MN Court of Appeals.
January 17, 2005... Byline: Barbara L. Jones A man who was convicted of a felony, but was later notified that all of his civil rights were restored, could not be prosecuted subsequently for unlawful possession of a firearm, the Court of Appeals has ruled. ...

Minnesota attorneys discuss issues surrounding Vioxx litigation.
January 17, 2005... Byline: Michelle Lore Prescription painkillers are a hot topic all over the country these days, especially among plaintiffs' product liability attorneys. Vioxx, an arthritis and acute pain medication, was withdrawn from the market last...

MN Court of Appeals rules bank may exercise its right to setoff after default.(Minnesota)
January 17, 2005... Byline: Michelle Lore Where a debtor defaulted on a loan, and the promissory note it executed with the bank provided for alternative remedies of acceleration and setoff, the bank could exercise its right of setoff without first declaring...

Government relations comes of age in Minnesota law firms.
January 17, 2005... Byline: Jane Pribek The beginning of a new session of the Minnesota Legislature seemed the opportune time for Minnesota Lawyer to talk to some attorneys who actively practice in the area of government relations - something that was almost...

Challenges caused for counsel by corporate crimes is topic of Hennepin County Bar Assn. CLE.(Hennepin County Bar Association)
January 17, 2005... Byline: Barbara L. Jones The recent indictments and convictions of various corporate executives have focused attention on their malfeasance, but such cases are studded with land mines for counsel as well. That was the message of a...

MN Court of Appeals rules employees not liable in two suits by employers.(Minnesota)
January 17, 2005... Byline: Marshall H. Tanick Employees often sue employers for contract, statutory and tort claims. The converse, lawsuits by employers against employees, is quite rare. Lawsuits by employers against employees are reminiscent of the...

American Bar Assn. survey examines disability laws in all 50 states.(American Bar Association)(Brief Article)
January 17, 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,...

MN Association of Criminal Defense Lawyers to honor attorneys, judge.(Minnesota)(Brief Article)
January 17, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Association of Criminal Defense Lawyers (MACDL) will present special achievement awards to Minneapolis attorney Joseph Margulies and St. Cloud lawyer Andrew Pearson at its annual awards...

MN Legal Briefs: January 17, 2005.(Brief Article)
January 17, 2005... Byline: Minnesota Lawyer Staff Reporter Faegre & Benson has announced 10 new partners: Kerry L. Bundy, litigation group; Michael F. Cockson, litigation group; Michael K. Coddington, corporate group; Kristin R. Eads, general litigation...

Minnesota Supreme Court appoints Judicial Council members.(Russell A. Anderson, Wilhelmina M. Wright, Catherine L. Anderson)(Brief Article)
January 17, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has announced its appointments to the newly created Judicial Council. (See "Court administrative structure will be reorganized in 2005," in the Dec. 20, 2004, issue of...

Affidavit of nurse enough for med-mal suit to proceed, MN Supreme Court rules.(Minnesota, medical malpractice )
January 24, 2005... Byline: Michelle Lore The affidavit of a registered nurse was sufficient to meet the expert affidavit requirement in a medical malpractice case filed against the Mayo Clinic by a woman who was left with a large scar from a head restraint...

Hennepin County jury awards $1.28M against school district in discrimination case.(workers' compensation)
January 24, 2005... Byline: Barbara L. Jones A Hennepin County jury recently awarded $1.28 million to a 62-year-old school facilities manager who sued the Westonka public school system for discriminating against him on the basis of age and for retaliating...

Providing of records to an IME is found permissible by MN Court of Appeals.(independent medical examination, Minnesota)
January 24, 2005... Byline: Michelle Lore A law firm engaged in the defense of a driver in a negligence action did not violate Minnesota law by obtaining the plaintiff's medical records and turning them over to the physician it had retained to examine the...

Minneapolis attorney gives helpful tips for taking and defending depositions successfully.(David J.F. Gross)
January 24, 2005... Byline: Michelle Lore Fully preparing the witness is the key to successfully defending a deposition, according to Minneapolis attorney David J.F. Gross, the presenter at a recent continuing legal education (CLE) seminar. The 90-minute...

MN Court of Appeals rules water-leak repairs subject to two-year time limit.(Minnesota)
January 24, 2005... Byline: Barbara L. Jones A water-purification system that is plumbed into a building is an improvement to real property subject to the two-year statute of limitations, the Court of Appeals has held. The court also said that...

Rule 68 offeror allowed all costs and disbursements, rules MN Supreme Court.(Minnesota Supreme Court)(Brief Article)
January 24, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has ruled that where a plaintiff rejected an offer of judgment made pursuant to Minn. R. Civ. P. 68, which was ultimately more favorable than the net judgment, the...

Minneapolis-based Dolan Media acquires Counsel Press in N.Y.(Counsel Press, New York)(Brief Article)
January 24, 2005... Byline: Minnesota Lawyer Staff Reporter Dolan Media, the parent company of Minnesota Lawyer, announced last week that it has acquired Counsel Press, the nation's largest appellate services business. Based in midtown Manhattan, Counsel...

Commentary: The moral dilemma of counseling the powerful.(Lawyers)(Column)
January 24, 2005... Byline: Neil W. Hamilton While interviewing at law schools 29 years ago, I remember a senior faculty member telling me that the test whether a professor was an excellent scholar was whether his or her scholarship would be referred to in 20...

Federal court filing fee increased.(Consolidated Appropriations Act of 2005)(Brief Article)
January 24, 2005... Byline: Minnesota Lawyer Staff Reporter On Dec. 8, 2004, President Bush signed into law the Consolidated Appropriations Act of 2005, which included a provision increasing the federal court civil filing fee from $150 to $250. The change...

U.S. District Court for the District of MN approves proposed amendments to local court rules.(Minnesota )
January 24, 2005... Byline: Minnesota Lawyer Staff Reporter The U.S. District Court for the District of Minnesota has approved several proposed amendments to the Court's Local Rules of Practice. The rule changes, which will affect Local Rules ("LR") 7.1, 72.1...

Commentary: 'Barbie' doll spurs litigation in 8th Circuit and elsewhere.(Sexual harassment cases)
January 24, 2005... Byline: Marshall H. Tanick Many children in Minnesota and elsewhere, primarily young girls, received a "Barbie" doll and related accoutrements as gifts during the recent holiday season. Little did they, or the gift donors, realize that...

MN Legal Briefs: January 21, 2005.(Minnesota, law services)
January 24, 2005... Byline: Minnesota Lawyer Staff Reporter Leonard, Street and Deinard has announced that James A. Stein has joined the firm as Of Counsel in the Minneapolis office. Stein will focus his practice in the areas of commercial and business...

MN Court of Appeals rules malpractice suit against law firm can proceed.(Minnesota)
January 31, 2005... Byline: Barbara L. Jones A judge erred in granting a directed verdict for the defendants in a legal malpractice case against attorneys who provided advice in a real estate transaction and the record evidenced a factual issue as to whether...

Federal prosecutors, defenders divided on sentencing criminal cases.(Supreme Court)
January 31, 2005... Byline: Barbara L. Jones The U.S. Supreme Court altered the playing field for federal criminal sentencing earlier this month when it declared the federal sentencing guidelines to be merely advisory and no longer binding on judges....

Mistrial finding is upheld by MN Court of Appeals.(Minnesota)
January 31, 2005... Byline: Michelle Lore The District Court did not abuse its discretion in declaring a mistrial where, after 1 1/2 days of jury deliberation in a criminal trial, problems arose with several of the jurors' schedules and they indicated they...

Commentary: A network affiliation may be beneficial to your law firm.(Affiliated corporation)
January 31, 2005... Byline: Jane Pribek The word "network" is taking on yet another meaning for lawyers. In addition to meaning whether their computers talk to other computers, and whether they get out to the bench/bar social events, these days, "network"...

Public safety, civil law are again issues for MN's 2005 legislative session.(Minnesota)
January 31, 2005... Byline: Ember Reichgott Junge The issues at the top of the judiciary and crime prevention committee agendas in the 2005 legislative session are not new. Most were debated at length in the 2004 session. What is different, according to key...

MN Legal Briefs: January 31, 2005.(Minnesota, law firms )
January 31, 2005... Byline: Minnesota Lawyer Staff Reporter Fulbright & Jaworski has announced two new partners. John Klos' practice focuses on patent prosecution matters involving medical devices and complex electronic, telecommunication, and computer...

U.S. Supreme Court ruling on federal sentencing guidelines to have little impact in MN courts.(Civil procedure)
January 31, 2005... Byline: Barbara L. Jones The U.S. Supreme Court earlier this month handed down its latest ruling on federal sentencing guidelines in U.S. v. Booker, stating the guidelines had to be construed as advisory to survive constitutional...

A firsthand experience demonstrating the need for a network of lawyers and law firms.(Leon Steinberg)
January 31, 2005... Byline: Jane Pribek Everything happens for a reason. But no one wants to hear that when the bad news hits. For example, Minneapolis business lawyer Leon Steinberg was not looking forward to a client meeting back in the late 1980s when he...

Commentary: Police 'qualify' for immunity in recent federal cases.(law enforcement)
January 31, 2005... Byline: Marshall H. Tanick The police have a difficult job. Recognizing the problems that law enforcement personnel face, the courts tend to cut them some slack when their actions are challenged in civil lawsuits by claimants of alleged...