Minnesota Lawyer articles from June 2004

Minnesota Lawyer archives from June 2004

Charitable contributions to Ordway Center properly suspended.
June 7, 2004... Byline: Barbara L. Jones Trustees properly suspended distributions to the Ordway Center for the Performing Arts (Ordway) from a charitable trust designed to support the development of new theatrical works when the Ordway curtailed its...

Interview with new president of MN State Bar Assn.(Interview)
June 7, 2004... Byline: Michelle Lore Incoming Minnesota State Bar Association (MSBA) president David L. Stowman knows how to keep a leg up on the competition. An avid runner, the 60-year-old personal injury attorney regularly jogs around the 12-mile...

Arbitration jurisdiction upheld in no-fault case.(appeal cases)
June 7, 2004... Byline: Michelle Lore A no-fault arbitrator's award to an accident victim was valid even though the amount of the award exceeded the $10,000 jurisdictional limit for no-fault arbitration awarded when the penalty interest was included, the...

Attorneys agree dog-related claims not confined to bites.
June 7, 2004... Byline: Barbara L. Jones If it's true that every dog has its day, then it's also true that every lawsuit involving a dog has its day. Cases involving dogs range from the typical strict liability case to negligence cases with causation that...

Court personnel reaches out to Dorothy Day Center.(Brief Article)
June 7, 2004... Byline: Minnesota Lawyer Staff Reporter A Supreme Court justice, a Tax Court judge and several Court of Appeals judges and their law clerks recently served lunch at the Dorothy Day Center in St. Paul. Court of Appeals Judge R.A. "Jim"...

Legal practitioners respond to Justice Gilbert's resignation.
June 7, 2004... Byline: Minnesota Lawyer Staff Reporter Supreme Court Justice James H. Gilbert surprised the legal community on May 28 with a resignation from the high court to return to the private practice of law. Gilbert was appointed to the bench...

Justice Gilbert's statement on stepping down from the Supreme Court.
June 7, 2004... Byline: Minnesota Lawyer Staff Reporter The following is the public statement issued by Minnesota Supreme Court Justice James H. Gilbert on his decision to leave the court for the private sector. I have decided to step down from my...

MN Legal Briefs June 7, 2004.(Christensen & Laue)(Brief Article)
June 7, 2004... Byline: Minnesota Lawyer Staff Reporter Michael A. Collyard and Stephanie L. Adamany have joined Robins, Kaplan, Miller & Ciresi as associates. Practicing in the area of IP litigation, Collyard received his J.D. from Hamline University...

Commentary: Pledge of Allegiance case recalls state flag litigation.
June 7, 2004... Byline: Marshall H. Tanick One of the most evocative - and provocative - cases pending before the U.S. Supreme Court this term concerns the Pledge of Allegiance. The court is reviewing a controversial ruling from the 9th U.S. Circuit Court...

Two appointed to 1st Judicial District Court bench.(Michael J. Mayer and David L. Knutson)(Brief Article)
June 7, 2004... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty last week announced the appointment of David L. Knutson and Michael J. Mayer to two vacancies on the 1st Judicial District trial court bench in the city of Hastings in Dakota County....

Trial court bench vacancy announced in 10th District.(Elk River, Sherburne County)(Brief Article)
June 7, 2004... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced a 10th Judicial District trial court bench vacancy in the city of Elk River in Sherburne County. The opening will occur with the retirement of Judge...

U.S. District Court attorney admission fee increased.
June 7, 2004... Byline: Minnesota Lawyer Staff Reporter The U.S. District Court for the District Court of Minnesota has announced that the Judicial Conference has approved an amendment to the District Court miscellaneous fee schedule to increase the feel...

'Best practices' program for children's cases now statewide in Minnesota courts.
June 14, 2004... Byline: Barbara L. Jones Adding copiers in the courtrooms, curtailing continuances and cutting out cattle-call calendars are among the steps Minnesota courts recently have taken to improve the delivery of services to abused and neglected...

MN Court of Appeals rules carrier may be liable for negligence of owner/operator.(appeal cases)
June 14, 2004... Byline: Michelle Lore A trucking company that leased a trailer to an owner/operator may be liable for the owner/operator's negligence if the conduct occurred within the scope of the parties' agreement to provide hauling services, the Court...

Justice Gilbert on bidding adieu to the Minnesota Supreme Court.(Interview)
June 14, 2004... Byline: Barbara L. Jones Justice James H. Gilbert recently announced his resignation from the Minnesota Supreme Court in order to return to the private practice of law. The 57-year-old jurist will leave the bench later this summer after...

MN Court of Appeals rules judgment valid despite inconsistent jury verdict.
June 14, 2004... Byline: Barbara L. Jones A trial court judge may reconcile an inconsistent verdict and enter judgment for the amount awarded by the jury, the Court of Appeals has ruled. The troublesome verdict was rendered in a case where parents sued...

MN Supreme Court gives district court judge chance to respond to possible suspension.(Board on Judicial Standards)(Minnesota Supreme Court)(Brief Article)
June 14, 2004... Byline: Minnesota Lawyer Staff Reporter Hennepin County District Court Judge Harvey C. Ginsberg was given an opportunity by the Minnesota Supreme Court last week to show cause why he should not be suspended. On June 3, the Board on...

Study concludes Hennepin County's self-help centers are a success.(Hennepin County District Court Self Help Centers )(Brief Article)
June 14, 2004... Byline: Minnesota Lawyer Staff Reporter Hennepin County District Court Self Help Centers provide effective service to the courts and litigants of the county and a useful model to the country, a recent study by the State Justice Institute...

Minnesota legislative summary: Crime and public safety.( law changes )
June 14, 2004... Byline: Ember Reichgott Junge Without passage of a bonding bill, budget balancing bill or constitutional amendments, many believe the recent legislative session accomplished very little. However, a surprising number of low-profile policy...

MN courts address issues relating to commencing and terminating paternal relationships.(Minnesota Supreme Court)
June 14, 2004... Byline: Marshall H. Tanick Fatherhood, like its kin, motherhood, merits respect, particularly at this time of the year when Father's Day is to be commemorated on Sunday, June 20, 2004. But the paternal relationship also breeds...

Boylan reappointed as federal magistrate judge.(of the U.S. District Court for the District of Minnesota )(Brief Article)
June 14, 2004... Byline: Minnesota Lawyer Staff Reporter Chief Judge James Rosenbaum and the members of the U.S. District Court for the District of Minnesota have announced the reappointment of U.S. Magistrate Judge Arthur J. Boylan to his federal judicial...

Minnesota's juvenile protection rules committee seeks members.(Advisory Committee on Rules of Juvenile Protection Procedure)(Brief Article)
June 14, 2004... Byline: Minnesota Lawyer Staff Reporter The Supreme Court seeks two judges, one court administrator, two social workers, two attorneys for children, and one attorney for parents to fill vacancies on the Advisory Committee on Rules of...

Leaders speak out against judicial endorsements.(meetings)(Brief Article)
June 14, 2004... Byline: Minnesota Lawyer Staff Reporter Past and present elected officials - including two former Supreme Court justices - held a press conference last week to voice their opposition to the idea of political parties endorsing judges. ...

MN Legal Briefs: June 14, 2004.(Minnesota people)
June 14, 2004... Byline: Minnesota Lawyer Staff Reporter Donald C. Erickson, an attorney in the Duluth office of Fryberger, Buchanan, Smith & Frederick, has been elected for a two year term on the executive committee of the Eleventh District Bar...

MN Supreme Court finds search after traffic stop to be unreasonable.(unreasonable seizure)
June 21, 2004... Byline: Barbara L. Jones Methamphetamine found in the back seat of a squad car as the result of an unreasonable seizure must be suppressed where the defendant was detained for running a stop sign and placed in the squad car (where he...

MN State Bar Assn. panelists discuss effects of media attention on cases.(Minnesota State Bar Association)
June 21, 2004... Byline: Michelle Lore A 12-person panel of federal and state court judges, journalists, public officials and lawyers recently got together to discuss the issues surrounding high-profile cases in Minnesota and nationally. The two-hour...

MN Court of Appeals rules reliance on advice of counsel may be a defense.(official interpretation of the law)
June 21, 2004... Byline: Michelle Lore A defendant accused of conspiracy to procure unlawful voting and to commit forgery may advance as a defense that he relied on the advice of counsel and on an official interpretation of the law, the Court of Appeals...

Judge Larson ready for role as Hennepin County's new assistant chief judge.
June 21, 2004... Byline: Michelle Lore After serving nearly two decades as a judge on the Hennepin County bench, Judge Gary Larson will soon be taking on additional responsibility as an administrator. On July 1, Larson will begin a two-year term as...

MN Court of Appeals rules homeowner's association is not an owner of condo common elements.(Jensen-Re Partnership v. Superior Shores Lakehome Association)(Minnesota)(Brief Article)
June 21, 2004... Byline: Michelle Lore A homeowner's association is not an "owner" of the common elements of a condominium complex for the purposes of the two-year statute of limitations provided in Minn. Stat. sec. 541.051, subd. 1(a), which governs...

Minnesota Republicans don't endorse any judges at convention.
June 21, 2004... Byline: Barbara L. Jones The Republican Party of Minnesota (RPM) did not endorse any candidates for judicial office in the upcoming elections at its recent convention in St. Paul, but the issue isn't off the table for this year. The...

Changes to MN corporate law about to go into effect.(Minnesota)
June 21, 2004... Byline: Bryn Vaaler 0n July 1, 2004, important and long-needed improvements to the Minnesota Business Corporation Act ("MBCA"), Chapter 302A of the Minnesota Statutes, will go into effect. In addition to changes of a more technical nature,...

MN State Bar Assn. bestows President's and Professionalism Awards.(Minnesota)(Brief Article)
June 21, 2004... Byline: Barbara L. Jones The Minnesota State Bar Association (MSBA) bestowed its President's and Professionalism Awards at its recent annual meeting in Duluth. The President's Award was given to Minneapolis attorney Bricker L. Lavik,...

MN State Bar Assn. streamlines its 121-year-old governance structure.(Minnesota State Bar Association)
June 21, 2004... Byline: Barbara L. Jones The Minnesota State Bar Association (MSBA) recently discontinued a governance system that had been in place for over 100 years in favor of a sleeker structure that, it is anticipated, will be more satisfying to...

MN State Bar Assn. opposes constitutional amendment on same-sex marriage.(Minnesota)(Brief Article)
June 21, 2004... Byline: Barbara L. Jones The Minnesota State Bar Association (MSBA) General Assembly passed a resolution opposing an amendment to the state constitution that would forbid the creation of legally recognized relationships between persons of...

MN Legal Briefs: June 21, 2004.( Graham and Yunek's new location)(Brief Article)
June 21, 2004... Byline: Minnesota Lawyer Staff Reporter Brad Lance has been named as the new managing attorney for American Family Insurance Company's in-house Twin Cities litigation group following the departure of Nancy Coon. The litigation unit will now...

MN governor reappoints three judges to Workers' Compensation Court of Appeals.(Minnesota)(Brief Article)
June 21, 2004... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty last month reappointed Judges William Pederson, David Stofferahn and Debra Wilson to the Workers' Compensation Court of Appeals (WCCA). Pederson has been a WCCA judge since...

Language barriers create legal issues for state and federal judges in Minnesota.
June 21, 2004... Byline: Marshall H. Tanick The Tower of Babel was the biblical source from which a multitude of languages emerged. With the influx of immigrants from all over the world, varying languages are proliferating throughout the country, including...

Creditor can't force the sale of homestead.
June 28, 2004... Byline: Michelle Lore Where a debtor husband holds homestead property in joint tenancy with his wife, a creditor could not force an execution sale of the property to satisfy a judgment issued only against the debtor, the Minnesota Supreme...

Panel offers practice tips for outstate court cases.
June 28, 2004... Byline: Michelle Lore A panel of District Court judges from Greater Minnesota recently provided legal practitioners with a look at some of the errors they have seen metro-area attorneys make in their courtrooms. The program - entitled,...

Conviction of unlicensed meat sellers is found valid.
June 28, 2004... Byline: Barbara L. Jones A provision of the Minnesota Constitution providing that "peddlers" are not required to have a license was not a defense against a charge of violating the Minnesota Consolidated Food Licensing Law, the Court of...

Leading expert gives advice on how to present expert witnesses.
June 28, 2004... Byline: Barbara L. Jones Here's some expert advice on expert witnesses: Don't overdo it. Expert testimony is often confusing to jurors, according to University of California-Davis Professor Edward J. Imwinkelried, who advocates a...

National committee to examine right to counsel.(Brief Article)
June 28, 2004... Byline: Minnesota Lawyer Staff Reporter A national committee launched last week will examine the ability of the American criminal justice system to provide adequate counsel to criminal defendants who cannot afford lawyers. Former Vice...

New civil laws: From agriculture to open meetings.
June 28, 2004... Byline: Ember Reichgott Junge A number of civil law changes passed without fanfare during the 2004 legislative session, from controversial changes in corporate farm law to technical changes regarding Secretary of State filings. This...

Commentary: NASD adds protections to arbitration settlements.(The National Association of Securities Dealers)
June 28, 2004... Byline: James J. Eccleston The National Association of Securities Dealers (NASD) has added protections for customers who settle arbitration claims that they have brought to recover their investment losses. Customers who are contemplating...

UC-Davis professor on expert cross-examinations.(University of California, Edward J. Imwinkelried)
June 28, 2004... Byline: Barbara L. Jones Just as he recommends a minimalist approach to a presentation of an expert witness, University of California-Davis Professor Edward J. Imwinkelried suggests a cautious approach to cross-examination: Don't assume...

Commentary: The ethics of assessing lawyers and judges.
June 28, 2004... Byline: Neil W. Hamilton On May 25, The Council on Crime and Justice organized a program on "Equal Justice: Fact or Fiction" at the University of St. Thomas Law School. Council president and former Hennepin County Attorney Tom Johnson...

Commentary: Minn. native writes interesting legal thriller.(A Defense for the Dead)(Book Review)
June 28, 2004... Byline: Barbara L. Jones In his third book, "A Defense for the Dead," Massachusetts attorney and Redwoods Falls, Minn., native son Michael Fredrickson has created an improbable scenario, but makes it work by adding plenty of familiar...

MN Legal Briefs June 28, 2004.
June 28, 2004... Byline: Minnesota Lawyer Staff Reporter Brad Lance has been named as the new managing attorney for American Family Insurance Company's in-house Twin Cities litigation group following the departure of Nancy Coon. The litigation unit will now...

Commentary: Indignation for immigrants on Independence Day.
June 28, 2004... Byline: Marshall H. Tanick The long weekend, marked by Independence Day on Sunday, July 4, 2004, features many panegyrics about the immigrants from many lands that have helped formed America. Immigrants continue to trek to this land...