Minnesota Lawyer articles from June 2005

Minnesota Lawyer archives from June 2005

Wrongful discharge claim not displaced by Minnesota's Whistleblower Act.
June 6, 2005... Byline: Michelle Lore Minnesota's Whistleblower Act did not displace the common-law tort that permits an employee to bring an action for wrongful discharge for refusing to participate in an activity that the employee, in good faith,...

Minnesota Supreme Court looks at 'Blakely' remedies.
June 6, 2005... Byline: Barbara L. Jones The Minnesota Supreme Court presently is pondering how to interpret or reform Minnesota's sentencing guidelines in the light of recent decisions of the U.S. Supreme Court about the federal sentencing guidelines....

MN Court of Appeals rules woman can sue homeowners over injury from toppling tub.(Minnesota)
June 6, 2005... Byline: Barbara L. Jones A woman who was injured when the laundry tub that she was sitting on in her neighbors' home fell over can pursue a negligence suit against the neighbor, the Court of Appeals has ruled. The plaintiff and her...

Commentary: Lawyers are subject to the rules of professional conduct in personal matters.
June 6, 2005... Byline: Office of Lawyers Professional Responsibility Lawyers understand that they are subject to the Minnesota Rules of Professional Conduct (MRPC) in all of their professional dealings. Lawyers do not always remember, however, that they...

Commentary: More border battles -- torts in two states.
June 6, 2005... Byline: Marshall H. Tanick Minnesota and Wisconsin share more than a common border. Their legal systems have, for many years, resembled each other. The similarities of juridical views of the neighboring states have been attributable to...

Minnesota's Up and Coming Attorneys honored at dinner event.(Brief Article)
June 6, 2005... Byline: Minnesota Lawyer Staff Reporter Approximately 200 attorneys, judges, families, colleagues and friends were on hand to recognize Minnesota Lawyer's 15 Up and Coming attorneys at a dinner event on May 25. Former Hennepin County...

Court employees help serve meals at Dorothy Day Center<P>.(Brief Article)
June 6, 2005... Byline: Minnesota Lawyer Staff Reporter Supreme Court Justice Sam Hanson, Court of Appeals judges, other judges and staff were among the volunteers serving lunch to about 400 persons at the Dorothy Day Center in St. Paul on Friday, May 27....

U.S. District Court Judge Kyle takes senior status on bench.(United States)(Appointment)(Brief Article)
June 6, 2005... Byline: Minnesota Lawyer Staff Reporter U.S. District Court Judge Richard H. Kyle has taken senior status on the bench. The transition, which took effect on May 31, means a new federal judge will be appointed in Minnesota. Kyle, 68,...

MN Legal Briefs June 3, 2005.(Minnesota)(Appointments)(Brief Article)
June 6, 2005... Byline: Minnesota Lawyer Staff Reporter Nicole Morris and Kelly Olmstead have joined Robins, Kaplan, Miller & Ciresi as associates. Morris, who focuses her practice in the area of IP litigation, received her J.D. from the University of...

Interview with Minneapolis attorney Susan Holden, new president of MN State Bar Assn.(Minnesota)(Interview)
June 13, 2005... Byline: Michelle Lore On July 1, Minneapolis personal injury attorney Susan M. Holden will ascend to the presidency of the Minnesota State Bar Association, taking over for Detroit Lakes attorney David Stowman. She will be only the third...

Minnesota Court of Appeals rules 'Pierringer' release cuts off claims vs. third parties.
June 13, 2005... Byline: Barbara L. Jones A so-called "modified" Pierringer release executed by a plaintiff in return for the release of one defendant/third-party plaintiff did not preserve the settling defendant's ability to seek contribution and...

MN Supreme Court rules evidence of reliance on counsel's advice is admissible at defendant's trial.(Minnesota)
June 13, 2005... Byline: Barbara L. Jones In a conspiracy case, the defendant is entitled to present evidence of reliance on advice of counsel and reliance on an official interpretation of law where it is relevant to the issue of intent because intent is...

MN Court of Appeals rules adjudication of juvenile does not qualify as criminal 'conviction'.(Minnesota)
June 13, 2005... Byline: Michelle Lore An adult defendant's juvenile adjudication for third-degree criminal sexual conduct did not qualify as a criminal-sexual-conduct conviction triggering mandatory imposition of a 10-year conditional release term, the...

Comprehensive public safety bill becomes law in Minnesota.
June 13, 2005... Byline: Ember Reichgott Junge The 367-page Omnibus Public Safety Finance Bill that passed the Minnesota Legislature on the last day of the regular legislative session culminates nearly two years of debate. H.F. 1/S.F. 609 is widely...

Commentary: Court considers trio of slip-and-fall cases.
June 13, 2005... Byline: Marshall H. Tanick Slip-and-fall cases seem to be sliding up, down and around the legal system these days in Minnesota and elsewhere. They range from a suburban shopping center parking lot to an upscale restaurant in downtown...

Renee Worke sworn in as Minnesota Court of Appeals judge.(Brief Article)
June 13, 2005... Byline: Minnesota Lawyer Staff Reporter Judge Renee Worke was sworn in as a Minnesota Court of Appeals judge last week. The June 9 ceremony took place at the Waseca County Courthouse in Waseca. Worke is the 36th judge appointed to the...

Members sought for Minnesota Juvenile Delinquency Rules Committee.(Brief Article)(Advertisement)
June 13, 2005... Byline: Minnesota Lawyer Staff Reporter The Supreme Court seeks one private attorney or guardian ad litem member and one metro-area juvenile probation officer member to fill vacancies on the Juvenile Delinquency Rules Committee. The...

MN Board of Continuing Legal Education's new online system makes reporting paperless.(Minnesota)
June 20, 2005... Byline: Michelle Lore The Minnesota Board of Continuing Legal Education recently implemented a new, electronic method of reporting continuing legal education (CLE) credits. The Online Attorney and Sponsor Integrated System (OASIS)...

MN Supreme Court rules interest does not accrue on no-fault until auto insurer notified.(Minnesota)
June 20, 2005... Byline: Barbara L. Jones Interest on automobile no-fault insurance claims pursuant to Minn. Stat. sec. 65B.54, subd. 1, does not begin to accrue until 30 days after an insurer receives actual notice of a loss, even where benefits...

U.S. District Court Judge Richard Kyle discusses taking senior status, issues facing the judiciary.(Interview)
June 20, 2005... Byline: Barbara L. Jones After spending 13 years on the bench in St. Paul, U.S. District Court Judge Richard H. Kyle recently took senior status. The 68-year-old jurist said he doesn't plan to slow down, but his change in status will open...

MN Court of Appeals rules engineers cannot opt out of contract's arbitration clause.(Minnesota)
June 20, 2005... Byline: Michelle Lore An engineering services contract between the city of Lonsdale and the plaintiff that contained language allowing either party to call for arbitration of any disagreements did not allow the plaintiff to opt out of...

Institute for Justice MN Chapter stays its lawsuit over laws licensing African hairbraiders.(Minnesota)(Brief Article)
June 20, 2005... Byline: Minnesota Lawyer Staff Reporter The Institute for Justice Minnesota Chapter (IJ-MN) last week stayed its lawsuit against the State of Minnesota over cosmetology licensing laws that had required African hairbraiders to complete 1,550...

MN Court of Appeals upholds $11.3M award to brain-injured man.(Minnesota)(Brief Article)
June 20, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Court of Appeals has upheld an $11.3 million award to a man who suffered a moderate brain injury as a result of an automobile accident. On May 15, 1998, plaintiff Jeffrey Foust was...

Committee of Minnesota Women Lawyers raises money to support judicial independence.
June 20, 2005... Byline: Barbara L. Jones In an odd-numbered year, most of the legal community takes a breather from the increasingly contentious world of judicial elections. But not the Voter Outreach Committee of Minnesota Women Lawyers (MWL), which uses...

MN Court of Appeals rules trailer explosion case not barred by repose statute.
June 20, 2005... Byline: Barbara L. Jones A negligence lawsuit against the owner of a natural-gas pipeline that exploded in a trailer park is not barred by the 10-year statute of repose for improvements to real property where the pipeline was part of the...

American Bar Assn. Executive Director Robert A. Stein announces retirement.(Retirement)(Brief Article)
June 20, 2005... Byline: Minnesota Lawyer Staff Reporter American Bar Association Executive Director and Chief Operating Officer Robert A. Stein has announced his plans to retire in August 2006. Stein came to his present position at the ABA in 1994. ...

Commentary: Agreement with prior-felony sentencing in 8th Circuit.
June 20, 2005... Byline: Marshall H. Tanick A pair of rulings by the U.S. Supreme Court in the past year has created considerable controversy and stirred disagreement regarding permissible criminal-sentencing practices and procedures. In Blakely v....

MN Legal Briefs: June 20, 2005.(Appointments)(Foley and Mansfield PLLP)
June 20, 2005... Byline: Minnesota Lawyer Staff Reporter Gray Plant Mooty has announced that Ryan Gerads recently joined the firm's St. Cloud office as an associate. Gerad's practice focuses on business and tax issues. Gerads received his LL.M. in Taxation...

Minnesota Court of Appeals rules tortfeasor liable for full medical services billed.
June 27, 2005... Byline: Michelle Lore The trustee for a man injured in an automobile accident could recover from the tortfeasor the difference between the amount the man was billed for medical services arising out of his injuries and the amount his health...

Minnesota Court of Appeals rules proper waiver of juvenile's right to testify is presumed.
June 27, 2005... Byline: Barbara L. Jones In the absence of a contrary record, where a juvenile is represented by counsel and does not testify, there is a rebuttable presumption that the juvenile voluntarily and intelligently waived his right to testify,...

Minnesota-based Leaders Impacting the Nonprofit Community program graduates inaugural class.
June 27, 2005... Byline: Michelle Lore The 24-person inaugural class of LINC - Leaders Impacting the Nonprofit Community - recently celebrated its graduation. The six-month program - the brainchild of outgoing Hennepin County Bar Association (HCBA)...

MN Supreme Court rules nonattorney signature on complaint is a curable defect<P>.(Brief Article)
June 27, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has determined that a complaint filed on behalf of a corporation but signed by a nonattorney may be amended to add an attorney's signature and that the amendment relates...

Verdicts & Settlements (June 27, 2005): Jury awards $1.9 million for death of infant.(Brief Article)
June 27, 2005... Byline: Minnesota Lawyer Staff Reporter A Dakota County jury recently awarded a family $1.9 million for the wrongful death of an 8-month-old baby girl, a verdict that is believed to be the largest award for the death of an infant in...

Commentary: New crimes created in Omnibus Public Safety Bill.
June 27, 2005... Byline: Ember Reichgott Junge As talk of government shutdown looms at the state capitol, public safety and corrections officials are some of the few government officials who need not join that debate. A $1.685 billion Omnibus Public Safety...

Candidates announced for 5th District in St. Peter trial court bench.(Brief Article)
June 27, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty has announced the finalists for a 5th Judicial District trial court bench vacancy in the city of St. Peter in Nicollet County. The opening will occur with the retirement of Judge...

Minneapolis school mentor program wins ABA professionalism award.(Brief Article)
June 27, 2005... Byline: Minnesota Lawyer Staff Reporter The University of St. Thomas School of Law Mentor Externship Program has been awarded the E. Smythe Gambrell Professionalism Award by the American Bar Association (ABA) Standing Committee on...

Interview with Roy S. Ginsburg, attorney coach and marketing ethics consultant.
June 27, 2005... Byline: Barbara L. Jones Attorney coach and marketing ethics consultant Roy S. Ginsburg makes the business case for diversity in corporate America and in law firms in various ways, including conducting continuing legal education seminars,...