Minnesota Lawyer articles from July 2005

Minnesota Lawyer archives from July 2005

MN Supreme Court amends professional ethics rules.(Minnesota)
July 4, 2005... Byline: Michelle Lore The Minnesota Supreme Court has issued the first comprehensive set of amendments to the Minnesota Rules of Professional Conduct since the rules were adopted two decades ago. The Minnesota State Bar Association...

MN Court of Appeals rules malpractice no defense to lien by attorney on settlement.(Minnesota)
July 4, 2005... Byline: Michelle Lore Where a law firm sought an attorney lien on settlement proceeds paid to a client it had represented, the client was not entitled to raise legal malpractice as a defense during the hearing on the lien, the Court of...

U.S. Supreme Court's 'Kelo' decision doesn't change Minnesota's condemnation procedures.
July 4, 2005... Byline: Barbara L. Jones The U.S. Supreme Court's recent controversial decision to allow local governments to seize private property for economic development has spawned a furor of media attention and debate nationally, but it is unlikely...

MN Court of Appeals rules defendant's decision to represent self found not to be reversible.
July 4, 2005... Byline: Mark A. Cohen A defendant in a criminal case who, despite being warned repeatedly of the consequences of doing so, opted to reject a court-appointed public defender and represent himself, was not entitled to advisory counsel and...

Commentary: 'Ketchupgate' lawyer does not relish new-found fame.(Column)
July 4, 2005... Byline: Mark A. Cohen I happen to be trolling the Internet recently when I came across a little item; I cannot quite decide whether it is comedy or tragedy. It involves a lawyer in London, his secretary and the small matter of 4 pounds....

Commentary: Dual decisions demonstrate defamation doctrine demise.
July 4, 2005... Byline: Marshall H. Tanick The doctrine of defamation by self-publication, recognized almost 20 years ago by the Minnesota Supreme Court, sounds like a title of one of those Time-Warner do-it-yourself books. But a pair of recent rulings of...

Commentary: The dual role of corporate attorney and board member.
July 4, 2005... Byline: Office of Lawyers Professional Responsibility A lawyer can simultaneously represent a corporation and serve on the corporation's board of directors; however, the lawyer's duties to the corporation can conflict with the lawyer's...

MN Legal Briefs: July 4, 2005.(Minnesota)(Thomsen & Nybeck)(Appointments)
July 4, 2005... Byline: Minnesota Lawyer Staff Reporter Foley & Mansfield has announced that Samuel S. Rufer has been accepted into the Maritime Law Association of the United States as an associate member. Ruger practices in the areas of admiralty and...

Federal court reappoints U.S. Magistrate Judge Franklin L. Noel.(t)(Brief Article)
July 4, 2005... Byline: Minnesota Lawyer Staff Reporter The judges of the U.S. District Court for the District of Minnesota have announced the reappointment of U.S. Magistrate Judge Franklin L. Noel to his federal judicial post. Noel was originally...

Candidates for 3rd District bench vacancy announced by MN governor.(finalists are Larry Collins, Ross L. Leuning, and Charles E. MacLean )(Brief Article)
July 4, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty last week announced the candidates for a 3rd Judicial District trial court bench vacancy in the city of Waseca in Waseca County. The opening occurred with the resignation of Judge...

Rules changes mostly follow MN State Bar Association's proposals.
July 4, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has accepted many of the Minnesota State Bar Association's proposals for amending the state's ethical rules. In addition to amending the rules to more closely align with...

Hennepin County Bar Foundation makes record grant distribution.(Brief Article)
July 4, 2005... Byline: Minnesota Lawyer Staff Reporter The Hennepin County Bar Foundation (HCBF) closed its fiscal year by awarding a record $74,000 in grants to organizations meeting legal needs in the Hennepin County area. Outgoing President Katherine...

Gwen Ifill speaks at Minnesota Women Lawyers' annual meeting.(Brief Article)
July 4, 2005... Byline: Minnesota Lawyer Staff Reporter Minnesota Women Lawyers (MWL) held its 33rd Annual Meeting last month at the Hilton Hotel in Minneapolis, marking the change in leadership to incoming president Dani P. Deering. Keynote speaker...

Minnesota Court of Appeals rules residents of condo can pursue claim over rule banning pets.
July 11, 2005... Byline: Barbara L. Jones A condominium association that allegedly failed to enforce a no-pets rule for years could not rely on a nonwaiver clause in its bylaws to preclude claims against it by pet-owning residents who were fined for...

MN State Bar Assn. helping attorneys avoid malpractice actions due to statues of limitations.(Minnesota)
July 11, 2005... Byline: Michelle Lore The Minnesota State Bar Association's (MSBA) Civil Litigation Section is taking steps to help attorneys avoid malpractice actions due to missing deadlines or statutes of limitation. The section last month...

MN Court of Appeals rules unauthorized filing by attorney didn't toll action's SOL.(Minnesota)(statute of limitations)
July 11, 2005... Byline: Michelle Lore Where an attorney filed a dram-shop complaint naming three plaintiffs who had not retained him prior to filing the complaint but who subsequently ratified the action, the statute of limitations on the claim was not...

Verdicts & Settlements (July 11, 2005): Jury awards $1.9 million for death of infant.
July 11, 2005... Byline: Barbara L. Jones A recent $1.9 million award for the wrongful death of an 8-month old baby in an auto accident is believed to be the largest verdict in Minnesota history for the death of an infant. Late last month, a Dakota...

Verdicts & Settlements (July 11, 2005): Hennepin jury awards $18M in sex-abuse case.(Brief Article)
July 11, 2005... Byline: Minnesota Lawyer Staff Reporter A Hennepin County jury awarded a boy who was sexually abused by his grandfather more than $18 million on July 1. The verdict is believed to be the largest award ever to a sex-abuse victim in...

Rice County begins Dispute Resolution Program.(Brief Article)
July 11, 2005... Byline: Minnesota Lawyer Staff Reporter The Rice County Dispute Resolution Program (RCDPR) just completed its first month of providing an alternative dispute resolution services for litigants in conciliation court. The program, which...

County-funding in MN now a thing of the past for courts.(Brief Article)
July 11, 2005... Byline: Minnesota Lawyer Staff Reporter On July 1, the Minnesota judiciary completed the phased transfer of funding responsibility for the courts from the 87 counties to the state. The change marks a transition from a confederation of...

Minnesota lawmakers respond to eminent-domain ruling.(Brief Article)
July 11, 2005... Byline: Minnesota Lawyer Staff Reporter Minnesota legislators have joined the chorus of state lawmakers nationwide who have introduced bills in response to the recent U.S. Supreme Court decision on eminent domain. In a 5-4 ruling in...

Commentary: Harassment claimants don't claim - harassment.
July 11, 2005... Byline: Marshall H. Tanick Not all claims about sexual harassment at work are claims for sex harassment in the workplace. This seeming self-contradiction was reflected recently in a trio of concurrently decided cases by the Minnesota...

MN Legal Briefs July 11, 2005.(Minnesota Women Lawyers appointed Mary Vasaly as president)(Dorsey and Whitney achieved Community Partnership Award)(Messerli and Kramer appointed Sonja R. Ortiz)(Brief Article)
July 11, 2005... Byline: Minnesota Lawyer Staff Reporter Mary Vasaly, partner with the law firm of Maslon Edelman Borman & Brand, has been named president-elect of Minnesota Women Lawyers, and will begin her term as president of MWL in one year. Recently...

Women on the U.S. Supreme Court: A look back.(Brief Article)
July 11, 2005... Byline: Minnesota Lawyer Staff Reporter With Justice Sandra Day O'Connor retiring from the U.S. Supreme Court, one of the issues that will undoubtedly crop up in selecting a successor will be the court's gender makeup. O'Connor, appointed...

Big law firms in Twin Cities hike pay for first-year associates.
July 18, 2005... Byline: Barbara L. Jones Large Twin Cities law firms, showing evidence of enjoying a rebounding economy, have announced their intentions to increase starting associate salaries - some to as high as $105,000 a year. The increase...

MN Supreme Court rules frostbite injuries incurred outside car are covered by no-fault policy.(Minnesota)
July 18, 2005... Byline: Mark A. Cohen A woman who sustained a serious case of frostbite while walking home after her car became lodged in a snowbank was entitled to recover no-fault benefits, the Minnesota Supreme Court has ruled in a 5-2 decision. ...

Deportation vacated; counsel's assistance was ineffective rules 8th U.S. Circuit Court of Appeals.
July 18, 2005... Byline: Mark A. Cohen A woman ordered deported to Mexico after failing to show up for an immigration hearing should be granted another opportunity to make her case because she had received ineffective assistance of counsel, the 8th U.S....

Minnesota High School Mock Trial Program turns 20.
July 18, 2005... Byline: Michelle Lore This year marks the 20th anniversary of the Minnesota High School Mock Trial Program. The Minnesota State Bar Association (MSBA) has played a pivotal role in the success of the program, which helps high school...

MN Court of Appeals rules aunt is entitled to hearing on custody petition.(Minnesota)
July 18, 2005... Byline: Barbara L. Jones A person filing a third-party petition for custody need only make a prima facie case that he or she meets the statutory requirements of an "interested third party" to be entitled to an evidentiary hearing, the...

Ramsey County Bar Association announces new leadership.(Brief Article)
July 18, 2005... Byline: Minnesota Lawyer Staff Reporter The Ramsey County Bar Association has announced that Mary S. Ward, is its incoming president for 2005-2006. Ward is vice president and senior trust officer for U.S. Bank in the personal trust...

Ramsey County Bar Foundation's golf tournament raises $10,000 for charity.(Brief Article)
July 18, 2005... Byline: Minnesota Lawyer Staff Reporter Nearly 130 lawyers and judges participated in the Ramsey County Bar Foundation's annual Fundraiser Golf Tournament, Monday, June 27, at Southview Country Club in West St. Paul. The event raised...

Commentary: High court reviews four, reverses three 8th Circuit cases.
July 18, 2005... Byline: Marshall H. Tanick The U.S. Supreme Court issued written decisions in four appeals from the 8th U.S. Circuit Court of Appeals during its recently concluded 2004-05 term. The four cases, which comprised 5 percent of the court's...

Minnesota-based Dorsey & Whitney Law Firm expands its Silicon Valley presence.(Ritchey Fisher Whitman and Klein PC)
July 18, 2005... Byline: Barbara L. Jones Apparently there's gold in the west for Minnesota's largest law firm, Dorsey & Whitney, which recently announced its merger with Ritchey Fisher Whitman & Klein PC, a 15-attorney firm in Palo Alto, Cal. "Adding...

Commentary: Letter to the Editor: Attorney Herbert Igbanugo responds to 8th Circuit's comments.(Letter to the Editor)
July 18, 2005... Byline: Herbert A. Igbanugo The following is an excerpt from a letter Minneapolis attorney Herbert A. Igbanugo sent to Minnesota Lawyer on the decision of the 8th U.S. Circuit Court of Appeals in Dominguez-Capistran v. Gonzales. The...

Law firms can benefit from process improvement.
July 18, 2005... Byline: Mark A. Cohen While administrative problems may seem minor to a busy attorney, these issues can lead to tragic results if not handled properly, experts warn. Administrative errors result in 1.5 out of every 10 claims by...

Minnesota Legal Briefs: July 18, 2005.(Gray Plant Mooty appointed June E. Pineda)(K. Scarlett O'Donovan achieved Education Law Award)(Caryn Boisen appointed as associate in Larson King L.L.P.)(Brief Article)
July 18, 2005... Byline: Minnesota Lawyer Staff Reporter Gray Plant Mooty has announced that June E. Pineda has joined the firm as an associate in the business and general litigation practice group. Pineda received her J.D. from the University of Minnesota...

MN Court of Appeals rules abandonment of purchase pact is an affirmative defense.(Minnesota)
July 25, 2005... Byline: Barbara L. Jones A seller of residential property who did not show up for a closing can argue abandonment as an affirmative defense against a buyer who sought specific performance or damages, the Court of Appeals has ruled. The...

Former judge asks MN Court of Appeals to review his sentence.(Minnesota)
July 25, 2005... Byline: Barbara L. Jones Former Court of Appeals Judge Roland Amundson, who pleaded guilty in 2002 to embezzling more than $300,000 from a disabled woman's trust fund, will ask the court he once sat on to review his sentence. Amundson...

MN Court of Appeals rules bystander bitten by police dog cannot sue city for damages.(Minnesota)
July 25, 2005... Byline: Michelle Lore An woman bitten by a police dog while her husband was being arrested cannot maintain a claim against the city of Anoka, the Court of Appeals has ruled. The woman sued both the city of Anoka and its police...

St. Paul attorney Mary S. Ward takes over as president of Ramsey County Bar Assn.
July 25, 2005... Byline: Michelle Lore When St. Paul attorney Mary S. Ward is not working at her job with U.S. Bank, walking her golden retriever or attending the theater, she is working to benefit the legal profession. On July 1, Ward took over as...

8th Circuit finds labor agreement discriminatory.(Brief Article)
July 25, 2005... Byline: Minnesota Lawyer Staff Reporter A labor agreement that requires one out of five electrical workers in a union shop to be 50 years of age or over is unenforceable because it is against public policy, the 8th U.S. Circuit Court of...

Commentary: Dual dog decisions demonstrate different doctrines.
July 25, 2005... Byline: Marshall H. Tanick Lawyers are well-aware that the provisions of a state constitution can, and often are, construed more broadly than their counterparts under the U.S. Constitution. Some provisions of the Minnesota constitution...

Washington, D.C.-based Institute for Justice asks U.S. Supreme Court to rehear eminent domain case.(Brief Article)
July 25, 2005... Byline: Minnesota Lawyer Staff Reporter The Institute for Justice has announced that it filed a petition last week asking the U.S. Supreme Court to reconsider the case of Kelo v. City of New London. In the 5-4 decision, the court found it...

MN Legal Briefs: July 25, 2005.(Minnesota)(Halleland Lewis Nilan and Johnson appoints Kevin M. Lindsey and Laurie Westman Huotari)(Best and Flangan appoints Christopher J. Huntley and Kathy Yip)(Newby, Lingren and Westermann appoints Julianne Emerson )
July 25, 2005... Byline: Minnesota Lawyer Staff Reporter Halleland Lewis Nilan & Johnson has announced the hires of Kevin M. Lindsey and Laurie Westman Huotari. Lindsey, an employment attorney also experienced in product and commercial litigation, joins...

MN Court Administrator says use of retired judges is critical to state's judiciary.(Minnesota)
July 25, 2005... Byline: Barbara L. Jones A motion to review his conviction by former Court of Appeals Judge Roland Amundson, who pleaded guilty to embezzlement in 2002, has turned the spotlight on the common practice of using specially appointed retired...

Abandonment of purchase pact an affirmative defense.
July 25, 2005... Byline: Barbara L. Jones