Minnesota Lawyer articles from March 2005

Minnesota Lawyer archives from March 2005

Maryland-based Millennium Inorganic Chemicals fends off $129M claim, and recovers $4.2M.
March 7, 2005... Byline: Michelle Lore Minneapolis lawyer Michael Nilan recently turned a potential $129 million loss to his client into a $4.2 million recovery. In the federal court litigation, Nilan defended Millennium Inorganic Chemicals from...

MN Supreme Court rules denial of expert not due process violation.(Ramsey County District Court )
March 7, 2005... Byline: Mark A. Cohen A defendant in a murder case was not deprived of a fair trial by the denial of his request to present expert evidence on the long-term effects of paint sniffing on the chief witness against him, the Minnesota Supreme...

Hennepin County Bar Assn. CLE instructs lawyers on the importance of fun on the job.(continuing legal education)
March 7, 2005... Byline: Michelle Lore For a lot of lawyers these days, going to work is not fun or satisfying, but instead can be stressful and hectic. But the Hennepin County Bar Association (HCBA) is trying to change that. In a recent HCBA-sponsored...

Carver County jury convicts MN woman of five counts of unauthorized practice of law.(American Building Contractors Inc.)
March 7, 2005... Byline: Barbara L. Jones In a highly unusual case, a Carver County jury convicted a Waconia, Minn., woman last month of five counts of unauthorized practice of law, misdemeanor charges that carry potential sentences of 90 days...

Hennepin County Attorney releases 2004 annual report.(Brief Article)
March 7, 2005... Byline: Minnesota Lawyer Staff Reporter The Hennepin County Attorney's Office released its annual report last week, along with a separate publication outlining goals for 2005. Both publications can be viewed or downloaded directly from the...

U.S. District Court Judge Robert Renner dies.(Obituary)
March 7, 2005... Byline: Minnesota Lawyer Staff Reporter U.S. District Court Judge Robert Renner passed away on March 1, 2005, at the age of 81. Renner was appointed to the federal bench by President Jimmy Carter in February 1980. He took senior status...

Efforts to repeal or modify MN's automobile no-fault insurance system dealt a setback.
March 7, 2005... Byline: Ember Reichgott Junge Efforts to repeal or modify Minnesota's automobile no-fault insurance system were dealt a setback March 2 after a hearing in the Senate Commerce Committee. A bill sponsored by Sen. Geoff Michel, R-Edina, to...

MN Court of Appeals rules consecutive sentences do not violate Blakely decision.(cases of Ramsey County District Court )
March 7, 2005... Byline: Barbara L. Jones Consecutive sentences for multiple convictions do not violate the defendant's right to a jury trial under the U.S. Supreme Court's 2004 decision in Blakely v. Washington, the Court of Appeals has held. The...

Commentary: Inflating 'billable hours' on contingent fee cases.
March 7, 2005... Byline: Office of Lawyers Professional Responsibility In numerous attorney discipline cases the Minnesota Supreme Court has discussed the importance of honest conduct in the practice of law and of the severity of the sanction to be imposed...

MN Legal Briefs: March 7, 2005.(Minnesota)
March 7, 2005... Byline: Minnesota Lawyer Staff Reporter Severson, Sheldon, Dougherty & Molenda has announced that Michael G. Dougherty was re-elected president of the firm, a position he has held since 2000. The following were elected to the board of...

Commentary: Smoking bans at work raise burning legal issues.
March 7, 2005... Byline: Marshall H. Tanick The number of legal disputes regarding tobacco smoking in public places is constantly increasing. In Minnesota, a proposed statewide ban on smoking in most public places was snuffed out last week in a House...

Finalists announced for MN Court of Appeals vacancy.(Brief Article)
March 7, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty has accepted the recommendations of the ad hoc screening committee that reviewed resumes and conducted interviews for the upcoming vacancy on the Minnesota Court of Appeals. The...

Finalists announced for 7th Judicial District trial court bench vacancy.(Brief Article)
March 7, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty has announced three finalists for a 7th Judicial District trial court bench vacancy. The opening occurred with the resignation of the Judge Kathleen A. Weir on Jan. 4, 2005. The...

Minnesota Court of Appeals rules enhanced sentence is a 'Blakely' violation.(Blakely rights)
March 14, 2005... Byline: Barbara L. Jones Imposition of an enhanced mandatory-minimum sentence based on a judicial finding that the defendant possessed a firearm while committing the offense violates a defendant's Sixth Amendment right to a jury trial...

Minnesota lawyers discuss their practices for checking expert qualifications.
March 14, 2005... Byline: Michelle Lore Qualified expert witnesses are an important part of many legal matters, often making or breaking a case. But how far do attorneys have to go to make sure their experts have the qualifications their resumes say they...

Couple's transfer of property to wife upheld by MN Court of Appeals.
March 14, 2005... Byline: Michelle Lore The direct conveyance of fee simple title in real estate from a husband and wife jointly to the wife individually validly transferred the husband's interest in the property, the Court of Appeals has ruled. The...

Minnesota Supreme Court hears arguments in challenge to license revocation process.(implied consent law)
March 14, 2005... Byline: Barbara L. Jones The Minnesota Supreme Court last week heard arguments on a due-process challenge to the state's implied consent law. The implied consent law authorizes revocation of a driver's license for driving under the...

University of St. Thomas School of Law's mentor program nominated for ABA award.(American Bar Association)(Brief Article)
March 14, 2005... Byline: Minnesota Lawyer Staff Reporter The University of St. Thomas School of Law Mentor Externship Program has been named one of three finalists for an American Bar Association (ABA) award on innovations in teaching professionalism. The...

Pyrrhic victory for MN's 'Sunshine' claimants.(Minnesota Supreme Court cases)
March 14, 2005... Byline: Marshall H. Tanick Winning the battle but losing the war is a phenomenon that is abhorrent to litigators and monarchs alike. But a pair of recent rulings of the Minnesota Supreme Court creates this type of dichotomy for claimants...

MN People & Practices: March 14, 2005.(Krass Monroe)(Brief Article)
March 14, 2005... Byline: Minnesota Lawyer Staff Reporter Krass Monroe has announced that Terrance J. Wagener has been named a firm shareholder. A senior member of the litigation practice group and head of the appellate practice for the firm, Wagener focuses...

New judges announced for 10th Judicial District in Minnesota.
March 14, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty has announced the appointment of Kathleen A. Mottl and Sean C. Gibbs to two 10th Judicial District trial court bench vacancies. Mottl will fill the vacancy that occurred with the...

Court security concerns again take center stage in Minnesota.
March 21, 2005... Byline: Barbara L. Jones Those who seek access to the courtrooms in the Hennepin County Government Center now must pass through a metal detector first. The county began using the metal detectors and X-ray machines in the facility on...

Termination of Indian dad's rights is upheld by MN Court of Appeals.(Minnesota, Indian Child Welfare Act of 1978)
March 21, 2005... Byline: Barbara L. Jones In a proceeding to terminate parental rights under the Indian Child Welfare Act (ICWA), a witness who is a member of the tribe, recognized as knowledgeable about the tribe's child-rearing practices and authorized...

Attorneys say federal reform act will complicate bankruptcies.(Bankruptcy Abuse Prevention and Consumer Protection Act of 2005)
March 21, 2005... Byline: Michelle Lore Bankruptcy lawyers across the state are concerned that federal legislation overhauling the bankruptcy system - which could become law as soon as next month - will unnecessarily complicate the bankruptcy process. ...

Minnesota Lawyer names 15 as Up & Coming Attorneys.(Brief Article)
March 21, 2005... Byline: Minnesota Lawyer Staff Reporter Minnesota Lawyer is pleased to announce the names of the 15 attorneys selected to be recognized as Up-and-Coming Attorneys for 2005. The honorees - all attorneys admitted to the bar within the...

Court of Appeals says attorney malpractice action can go forward.(St. Martin v. Leuthner)
March 21, 2005... Byline: Michelle Lore The Court of Appeals has reversed a summary judgment for an attorney in a legal malpractice action. The defendant lawyer was retained to prepare closing documents for the sale of a portion of property. The...

Commentary: Public defender takes issue with atty.'s statements about 'Barker' case.(Letter to the Editor)
March 21, 2005... Byline: Letter to the Editor To the editor: In State v. Barker, File No. A04-1453, the Minnesota Court of Appeals held that the imposition of the mandatory-minimum sentence based upon a judicial finding that the defendant used or...

Hennepin County and Ramsey County Bar Associations sponsor Legal Expo 2005.(Brief Article)
March 21, 2005... Byline: Minnesota Lawyer Staff Reporter Educating and inspiring teens about the law was the goal of the ninth annual Legal Expo, which was held March 9, at the Earle Brown Heritage Center. The free event, sponsored annually by the Hennepin...

MN Legal Briefs: March 21, 2005.(Minnesota, appointements in law firms)(Brief Article)
March 21, 2005... Byline: Minnesota Lawyer Staff Reporter Fulbright & Jaworski has announced that Matthew Palen has joined Fulbright & Jaworski's as counsel and focuses his practice on complex commercial litigation. Palen received his LL.M. in Financial...

Finalists announced for Ramsey County bench openings.(recruitment for 2nd Judicial District trial court bench vacancies)(Brief Article)
March 21, 2005... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty has announced six finalists for two 2nd Judicial District trial court bench vacancies in Ramsey County. The first vacancy occurred with the Supreme Court's conversion of a vacant...

Commentary: Collateral estoppel cases concern counsel, clients.(Hessian & McKasy v. Nejezchleba, 2005 WL 89365, Manion v. Nagin, 394 F.3d 1062 )(Column)
March 21, 2005... Byline: Marshall H. Tanick The doctrine of collateral estoppel is intended to bar re-litigation of issues already decided between the parties. This principle is aimed at minimizing legal expenses, avoiding duplication of judicial resources...

MN State Bar Association promises its convention won't be ... er ... conventional.(Minnesota)
March 28, 2005... Byline: Barbara L. Jones The Minnesota State Bar Association (MSBA) has taken an unusual tact this year in designing and marketing its June convention, choosing as its theme "unconventional wisdom." "We're calling this year's event...

Closure of Brainerd city council meeting is found to be proper by Court of Appeals.
March 28, 2005... Byline: Michelle Lore The city of Brainerd properly closed a council meeting pursuant to the attorney-client-privilege exception to the open-meeting law where it had been threatened with legal action by a group that was not allowed to...

MN. lawyers closely watch proposed med-mal reform legislation.(Minnesota)(medical malpractice)
March 28, 2005... Byline: Michelle Lore Medical-malpractice lawyers across the state are keeping an eye on proposed state legislation that would limit damage awards for injured plaintiffs. A House panel earlier this month approved of several bills that...

Complaints against Minnesota judges remained steady in 2004.(Brief Article)
March 28, 2005... Byline: Minnesota Lawyer Staff Reporter There were 119 written complaints to the board in 2004 - on par with the 122 complaints filed the prior year, according to the 2004 annual report of the Minnesota Board on Judicial Standards. More...

Minnesota Supreme Court establishes chemical dependency task force.(Brief Article)
March 28, 2005... Byline: Minnesota Lawyer Staff Reporter In an order filed March 17, the Minnesota Supreme Court established a chemical dependency task force to address issues surrounding alcohol and other drug (AOD) addiction among persons who use the...

Minnesota legislature is moving ahead on drug-related bills.(methamphetamine)
March 28, 2005... Byline: Ember Reichgott Junge The growing methamphetamine problem in Minnesota and the fast-rising prison population of drug offenders have caught the attention of Minnesota legislators. Legislative proposals addressing these issues on...

Challenge to child support guidelines in Minnesota is rebuffed by Court of Appeals.
March 28, 2005... Byline: Barbara L. Jones The Minnesota child-support guidelines do not violate the U.S. Constitution's Supremacy, Equal Protection or Due Process Clauses, the Court of Appeals has ruled in two consolidated cases. The child support...

Commentary: Why isn't every firm peddling permanent part time?
March 28, 2005... Byline: Elizabeth Forsythe and Neil W. Hamilton Listen closely and you can hear the grumblings from some senior partners: "What's wrong with this new generation? They don't know how to work! They don't know how easy they have it! Back in...

Commentary: Appellate court considers out-of-court statements.
March 28, 2005... Byline: Marshall H. Tanick Out-of-court remarks are deemed hearsay in most judicial proceedings. But these hearsay statements often are offered, and occasionally allowed, as evidence. The Minnesota Court of Appeals recently decided a...

Lawyers get together in Minneapolis to discuss best practices for ethics, compliance.(Panel Discussion)
March 28, 2005... Byline: Mark A. Cohen With ethics and compliance issues heavy in the air, lawyers from three major Midwest-based companies recently got together to discuss their best practices at the Minneapolis campus of the University of St. Thomas. ...

William Mitchell College of Law in Minneapolis to host artwork from local artists.(Brief Article)
March 28, 2005... Byline: Minnesota Lawyer Staff Reporter In conjunction with its Campus Enhancement Project building dedication, William Mitchell College of Law (WMCL) is hosting artwork from five regional artists throughout the month of April. The...

Minnesota Legal Briefs: March 28, 2005.(appointments)
March 28, 2005... Byline: Minnesota Lawyer Staff Reporter Cundy & Paul has announced that Michael Paul has returned to work after an extended medical leave. Paul wishes to thank his many friends and colleagues for their personal and professional support...