Minnesota Lawyer articles from March 2004

Minnesota Lawyer archives from March 2004

MN State Bar Assn. proposes ethics rules changes, including post-Enron governance issues.(Minnesota State Bar Association)
March 1, 2004... Byline: Barbara L. Jones A hearing on the Minnesota State Bar Association's (MSBA) proposal to amend the state's Rules of Professional Responsibility will be held before the Minnesota Supreme Court on May 18. Most of the proposed...

Minnesota's 2004 judicial election likely to be contentious.
March 1, 2004... Byline: Barbara L. Jones With restrictions on what judicial candidates can say loosened and with three seats on the state Supreme Court and a host of other judgeships up for grabs, the 2004 election could have some of the most contentious...

Md. Court of Appeals rules denial of workers' comp doesn't bar no-fault benefits.
March 1, 2004... Byline: Michelle Lore An employee injured in an automobile accident during the course of his employment was not precluded from seeking no-fault benefits even though he had first sought and been denied workers' compensation benefits, the...

MN Supreme Court rules Ramsey County not immune from nuisance claim.(Minnesota)
March 1, 2004... Byline: Michelle Lore In a 4-3 decision, the Minnesota Supreme Court last week determined that Ramsey County was not immune from a nuisance claim brought by neighbors to a compost site in Maplewood. The plaintiffs alleged that they...

MN judges announce Merit Selection Panel to consider reappointment of Magistrate Boylan.(Minnesota)(Brief Article)
March 1, 2004... Byline: Minnesota Lawyer Staff Reporter Chief Judge James M. Rosenbaum and his colleagues of the U.S. States District Court for the District of Minnesota have announced the appointment of individuals to serve on a Merit Selection Panel that...

Brown County judge's cost-cutting policy proves successful.(John Rodenberg )(Brief Article)
March 1, 2004... Byline: Minnesota Lawyer Staff Reporter A cost-cutting policy implemented by a Brown County judge last year has done just what he had hoped - saved the 5th Judicial District time and thousands of dollars. District Court Judge John...

Commentary: Letter from Greg Wersal to lawmakers on judicial elections.(Letter to the Editor)
March 1, 2004... Byline: Letter to the Editor Editor's note: As the judicial election season dawns, Golden Valley attorney Greg Wersal, a plaintiff in Republican Party of Minnesota v. White says that he has made no decision on whether or not he will be a...

The law of the leap year.(Federal courts address the legal effect of leap year)
March 1, 2004... Byline: Marshall H. Tanick If this painfully frigid winter seems particularly long, the disturbing duration may not be due solely to the woeful weather. It may be because this is a leap year, and February contained an extra day, which was...

Clarifying Minnesota rules as to when a current client becomes a former client.
March 1, 2004... Byline: Office of Lawyers Professional Responsibility Current clients and former clients - each of these stages create different obligations and affects the attorney's ability to represent others. When a current client becomes a former...

MN Legal Briefs: February 16, 2004.(Minnesota)(Brief Article)
March 1, 2004... Byline: Minnesota Lawyer Staff Reporter Lockridge, Grindal, Nauen has announced that Sunny H. Kim, David J. Zoll and Mary E. Briede have joined the firm as associates practicing in the class action litigation group with a focus on...

MN Court of Appeals clears the way for billboard repair work.
March 8, 2004... Byline: Michelle Lore The city of St. Paul arbitrarily denied building permits to Clear Channel to make repairs to three legal nonconforming billboards that were damaged after a windstorm, the Minnesota Court of Appeals has ruled. The...

Calculating attorney fees where fees are awardable.
March 8, 2004... Byline: Barbara L. Jones Determining what constitutes a reasonable attorney fee in Minnesota is a task that many lawyers have to undertake when they prevail in cases that allow for the awarding of fees. There are a number of actions...

MN Court of Appeals rules new family costs are not considered for maintenance.
March 8, 2004... Byline: Barbara L. Jones A maintenance obligor was not entitled to have the expenses of his new family considered in connection with a determination of his ability to meet the obligee's request for increased maintenance, the Court of...

After 50 years with St. Paul law firm, Roger Miller continues to practice law.
March 8, 2004... Byline: Michelle Lore Attorney Roger Miller has been in good company over his 52-year-long legal career. Having been with the South St. Paul law firm of LeVander Gillen & Miller since 1952, Miller has worked side-by-side with attorneys who...

Minnesota Women Lawyers Voter Outreach Fund kicks off fundraising for 2004 judicial election.(Brief Article)
March 8, 2004... Byline: Minnesota Lawyer Staff Reporter It may only be March, but the Minnesota Women Lawyers (MWL) Voter Outreach Fund has already kicked off its fundraising efforts for voter education initiatives in the fall 2004 judicial election. ...

MN Supreme Court rules commercial auto policy doesn't provide UM/UIM benefits.(commercial automobile insurance policy, uninsured/underinsured)(Brief Article)
March 8, 2004... Byline: Minnesota Lawyer Staff Reporter In a case of first impression, the Minnesota Supreme Court has determined that state law does not require that a commercial automobile insurance policy provide uninsured (UM) or underinsured (UIM)...

Hennepin County attorney to receive Ann Bancroft Award.(Women's Foundation of Minnesota)(Brief Article)
March 8, 2004... Byline: Minnesota Lawyer Staff Reporter Hennepin County Attorney Amy Klobuchar is among four winners of the eighth annual Ann Bancroft Awards, to be held Wednesday, April 7, 2004, at the Hilton Minneapolis and Towers. Each year, the...

Medical malpractice and tort reform debated by Minnesota Legislature.
March 8, 2004... Byline: Ember Reichgott Junge Significant proposals for tort reform and medical malpractice changes are being debated on several fronts at the Legislature. Some proposals, including one providing protection for employers who give out...

Finalists announced for 1st District judge position in McLeod County.(Commission on Judicial Selection )(Brief Article)
March 8, 2004... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced four finalists for a 1st Judicial District trial court bench vacancy in McLeod County. The vacancy occurred as a result of the death of Judge LeRoy...

Minnesota federal court proposes rule amendments to allow e-filing.(electronic case filing)(Brief Article)
March 8, 2004... Byline: Minnesota Lawyer Staff Reporter The U.S. District Court for the District of Minnesota is seeking public comment on proposed amendments to its local rules of practice. The proposed amendments will facilitate the court's...

MN Legal Briefs: March 8, 2004.(Brief Article)
March 8, 2004... Byline: Minnesota Lawyer Staff Reporter Faegre & Benson has announced that the following associates have recently joined the firm. Shawn T. Gordon, who joined the IP group, received his J.D. from the University of Michigan Law School in...

MN Court of Appeals rules in unemployment compensation cases for absent or tardy employees.
March 8, 2004... Byline: Marshall H. Tanick One of the most common kinds of unemployment compensation cases decided by the Minnesota Court of Appeals concerns employees who fail to show up for work and do not call in to report their absence or tardiness....

Minnesota Supreme Court reverses first-degree murder conviction.
March 15, 2004... Byline: Michelle Lore The Minnesota Supreme Court last week granted a new trial to a man who'd been convicted of first-degree murder of his neighbor during a sexual assault. At his trial, the defendant sought to introduce evidence of...

Minn. Court of Appeals rules neighbors lose their right to appeal zoning decision.
March 15, 2004... Byline: Barbara L. Jones Where the Minneapolis city council failed to approve an application for an amendment to a planned unit development (PUD) within statutory time limits, the application is automatically approved and any right to...

U.S. Supreme Court hears arguments in case of alleged bribery of former MN city council member.(Minnesota)
March 15, 2004... Byline: Barbara L. Jones What started out in 2001 as a local scandal involving former Minneapolis city council member Brian Herron and real estate developer Basim Sabri arrived at the U.S. Supreme Court Wednesday, March 3, when Sabri's...

Minneapolis attorney Reed MacKenzie ends his term as USGA's president.(Interview)
March 15, 2004... Byline: Michelle Lore Minneapolis attorney Reed Mackenzie began playing golf when he was 8 years old. It's an interest he's maintained for more than 50 years - one that led him to a very prestigious position among the country's golfers....

University of Minnesota students hold parody of law school experience.(Brief Article)
March 15, 2004... Byline: Minnesota Lawyer Staff Reporter The University of Minnesota Law School's Theatre of the Relatively Talentless (TORT) returned for its second year, recently presenting a theatrical musical parody of the law school experience. ...

MN Court of Appeals rules church cannot be sued over sexual assault by congregant.(Minnesota)
March 15, 2004... Byline: Michelle Lore A church owed no duty to protect two of its members from a sexual assault by a third member, the Minnesota Court of Appeals has ruled. Two members of a Jehovah's Witnesses church alleged that they were sexually...

Minnesota American Indian Bar Association awards scholarships.(Brief Article)
March 15, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota American Indian Bar Association awarded $5,500 in scholarships to six American Indian students attending Minnesota law schools at a reception recently held at Hamline University School...

Women in Law conference to be held in Minneapolis.(Brief Article)
March 15, 2004... Byline: Minnesota Lawyer Staff Reporter Minnesota Women Lawyers has announced that the 5th Midwest Regional Conference for Women in the Law will take place in downtown Minneapolis, April 21-23, 2004, at the Marriott City Center. The...

Trial court vacancy in 6th Judicial District.
March 15, 2004... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced a 6th Judicial District trial court bench vacancy in the city of Duluth in St. Louis County. The vacancy occurred with the retirement of Judge Carol...

New 1st Judicial District judges announced.(Brief Article)
March 15, 2004... Byline: Minnesota Lawyer Staff Reporter Governor Tim Pawlenty last week announced the appointment of Kathryn Davis Messerich and Diane M. Hanson to two 1st Judicial District trial court bench vacancies. Messerich will be chambered the city...

Minnesota attorneys announce formation of Langhorst & Payne Law Office in Prior Lake.(anghorst & Payne Law Office and Dispute Resolution Services, PLLC)(Brief Article)
March 15, 2004... Byline: Minnesota Lawyer Staff Reporter Jodi J. Langhorst and Judith E. Payne have announced the formation of Langhorst & Payne Law Office and Dispute Resolution Services, PLLC. Their new offices are located at 16186 Main Avenue SE, Suite...

Commentary: Diversity doctrine venerable, valuable, and vulnerable.(diversity of citizenship, federal court jurisdiction)
March 15, 2004... Byline: Marshall H. Tanick Federal court jurisdiction based upon diversity of citizenship is a venerable doctrine that is valuable to many legal claimants, but vulnerable to the legal hurdles and critics. The age-old principle,...

8th Circuit upholds judicial fundraising restriction.
March 22, 2004... Byline: Barbara L. Jones The 8th U.S. Circuit Court of Appeals last week upheld a Minnesota election rule barring judicial candidates from personally soliciting campaign contributions, but left open the questions of whether judicial...

MN Court of Appeals rules dismissal of medical-malpractice case was not erroneous.
March 22, 2004... Byline: Barbara L. Jones A medical-malpractice case was properly dismissed on the ground that the expert affidavit was insufficient, even though the timing of the hearing on the motion did not comply with either the scheduling order or the...

MN Supreme Court rules foundry worker can sue supplier of silica sand over silicosis.
March 22, 2004... Byline: Michelle Lore Even though a silica supplier claims that it provided a foundry with adequate notice of the hazards of silica dust, a foundry worker who contracted silicosis may still pursue an action against the supplier, the...

Minnesota Lawyer names fifteen as Up-and-Coming Attorneys of 2004.(Brief Article)
March 22, 2004... Byline: Minnesota Lawyer Staff Reporter Minnesota Lawyer is pleased to announce the names of its Up-and-Coming Attorneys of 2004. The honorees were selected by the editors of Minnesota Lawyer from nominations made by bar associations,...

Child support overhaul legislation returned to MN Senate Judiciary Committee for amendments.
March 22, 2004... Byline: Ember Reichgott Junge A major overhaul of the child support system that appeared on track for passage during the 2003 legislative session took a recent turn in the Minnesota Senate. New provisions linking parenting time with support...

MN Court of Appeals upholds downward departure from sentencing guidelines in drug case.
March 22, 2004... Byline: Michelle Lore A District Court judge did not commit an abuse of discretion by departing downward from the sentencing guidelines in a case involving a conviction for first-degree sale of cocaine, the Court of Appeals has ruled. ...

Minnesota Minority Bar Summit to launch legal diversity Web site.
March 22, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota Minority Bar Summit, a consortium of bar associations representing attorneys from diverse backgrounds and experiences, with the support of the Minnesota State Bar Association, have...

U.S. Supreme Court Justice Kennedy applauds bucking sentencing law.(Anthony M. Kennedy)(Brief Article)
March 22, 2004... Byline: Minnesota Lawyer Staff Reporter U.S. Supreme Court Justice Anthony M. Kennedy recently praised federal judges who are willing to buck sentencing rules that were enacted for what the moderate conservative justice suggested were...

MN Legal Briefs: March 22, 2004.(Brief Article)
March 22, 2004... Byline: Minnesota Lawyer Staff Reporter Thomsen & Nybeck have announced an Of Counsel relationship with the law firm of Steingart, McGrath and Moore. Thomsen & Nybeck welcomes the association with attorneys Dave Steingart, Dan McGrath and...

An interview with Maureen Harms, 3M Counsel.(Interview)
March 22, 2004... Byline: Mark A. Cohen The American Bar Association Litigation Section's Corporate Counsel Committee recently awarded its 2004 Pro Bono Award to 3M. The award recognizes in-house legal departments who do pro bono work and in so doing...

Commentary: Courts consider controversial commandments cases.
March 22, 2004... Byline: Marshall H. Tanick The Passover and Easter seasons are drawing near, which also means the annual airing on television of the Biblical movie classic "The Ten Commandments." The former begins its eight-day run on April 5, 2004,...

Two 1st District trial bench vacancies in Dakota County announced.
March 22, 2004... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced two 1st Judicial District trial court bench vacancies in Dakota County. The first vacancy occurred with the retirement of the Hon. Duane R. Harves on...

MN State Board of Continuing Legal Education seeks attorney member.
March 22, 2004... Byline: Minnesota Lawyer Staff Reporter An attorney member position is open on the 13-member Minnesota State Board of Continuing Legal Education. The all-volunteer board is made up of three public members, nine attorneys and one district...

MN Supreme Court to hold hearing at St. Paul School.(Brief Article)
March 22, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has announced that it will hear oral arguments at Harding High School in St. Paul on Tuesday, April 6, 2004. Nearly 1,000 St. Paul students will meet in the school...

Real estate pact made in open court is ruled valid.(Minnesota Court of Appeals, settlement agreements)
March 29, 2004... Byline: Michelle Lore Where parties to a commercial real estate transaction orally recited the terms of a settlement agreement on the record in open court and expressly assented to be bound by the agreement, the writing requirement of the...

Supreme Court looks at spousal rights after homestead sale.(Minnesota Supreme Court)
March 29, 2004... Byline: Michelle Lore What is a wife's remaining interest in a homestead after it is sold to pay off her husband's debts? The Minnesota Supreme Court is currently grappling with this very question. A judgment was entered against...

Lawyer must comply with elimination-of-bias rule.(Minnesota Supreme Court, continuing legal education)
March 29, 2004... Byline: Barbara L. Jones A rule requiring attorneys to earn two elimination-of-bias credits every three-year reporting period as part of their continuing legal education (CLE) requirement does not violate the federal or state...

Lawyers help Chrysalis aid women and their families.(Chrysalis, legal assistance for women)
March 29, 2004... Byline: Barbara L. Jones Local lawyers are among those who pitch in their time and efforts at Minneapolis-based Chrysalis: A Center for Women and their Families, which will celebrate its 30th anniversary on April 16. Chrysalis is a...

Court finds city of Fridley's sign ordinance is constitutional.(Minnesota Court of Appeals, usage of signs)(Brief Article)
March 29, 2004... Byline: Minnesota Lawyer Staff Reporter The Court of Appeals has upheld an ordinance in suburban Fridley that prohibits the use of signs that move or appear to move which could distract passing drivers. The ruling means that the...

Child Abuse Reporting Act doesn't permit civil claim.(Minnesota Court of Appeals, child protection)(Brief Article)
March 29, 2004... Byline: Minnesota Lawyer Staff Reporter Freeborn County and two child protection workers can't be sued in connection with the death of a 19-month-old child three years ago, the state Court of Appeals ruled last week. The child's father...

Judge says lesbian can pursue child custody.(James Swenson, adoption of infant girls)(Brief Article)
March 29, 2004... Byline: Minnesota Lawyer Staff Reporter Hennepin County District Court Judge James Swenson ruled last week that a lesbian has standing to pursue custody of two children who were legally adopted by her former partner. Nancy SooHoo and...

All the world is a stage for local lawyer.(Ryan L. Nilsen, attorneys)
March 29, 2004... Byline: Michelle Lore Being a trial attorney is like being an actor, says Minneapolis attorney Ryan L. Nilsen, adding that a trial, like a good script, should tell a story. Nilsen should know. The fourth-year associate at Bowman &...

Court decides three key unemployment cases.(Minnesota Court of Appeals, unemployment compesation cases)
March 29, 2004... Byline: Marshall H. Tanick Unemployment compensation cases are usually rather desultory proceedings. Most cases revolve around minute fact disputes devoid of significant legal issues. But the Minnesota Court of Appeals recently decided a...

Minneapolis law firm makes changes to executive board.(Robins, Kaplan, Miller & Ciresi)(Brief Article)
March 29, 2004... Byline: Minnesota Lawyer Staff Reporter Robins, Kaplan, Miller & Ciresi has re-elected Michael V. Ciresi, Kathleen Flynn Peterson and Martin R. Lueck to its executive board. Ciresi continues to serve as chairman of the board and Steven A....

Commentary: Exception taken to allegations in church liability case.(Letter to the Editor)
March 29, 2004... Byline: Letter to the Editor To the editor: As co-counsel on the brief and as associate general counsel for Watchtower Bible and Tract Society of New York, Inc., (Watchtower), I would like to provide you with some comments on the...

Commentary: NASD makes rule changes to protect customers.(National Association of Securities Dealers, securities regulations)
March 29, 2004... Byline: James J. Eccleston In an effort to protect customers, securities regulators have changed the rules for brokerage firm reorganizations when those reorganizations involve the transfer of assets from one firm to another or to a new...

Hennepin County Bar Assn. recognizes lawyers for pro bono service.(Brief Article)
March 29, 2004... Byline: Minnesota Lawyer Staff Reporter The Hennepin County Bar Association (HCBA) presented its annual Pro Bono Publico awards March 9, during the 2004 Bar Benefit, to three individuals who have distinguished themselves in service to the...

Bar Benefit 2004 hits new record in contributions.(Brief Article)
March 29, 2004... Byline: Minnesota Lawyer Staff Reporter The Hennepin County Bar Foundation has announced that its Bar Benefit 2004 set a record for the sixth consecutive year for contributions from the legal community in support of local legal service...

Minnesota judiciary releases 2003 annual report.(Brief Article)
March 29, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota State Judicial Branch's annual report for 2003 is available online at www.courts.state.mn.us. The report to the community highlights ways in which courts throughout the state have...

MN Supreme Court justice to give Notre Dame commencement speech.(Minnesota)(Brief Article)
March 29, 2004... Byline: Minnesota Lawyer Staff Reporter Minnesota Supreme Court Justice Alan Page, a former football star at the University of Notre Dame, will give the university's commencement speech on May 16. Page will receive an honorary...