Minnesota Lawyer articles from May 2005

Minnesota Lawyer archives from May 2005

MN Court of Appeals rules groomer cannot sue under dog-bite statute.(Minnesota)
May 2, 2005... Byline: Michelle Lore A dog groomer who was bitten by a dog that she had accepted temporary responsibility for and exercised control over could not maintain an action against the dog's owner under Minnesota's dog-bite statute, the Court of...

MN Supreme Court rules lawsuit over defective muffin can proceed.(Minnesota Supreme Court)
May 2, 2005... Byline: Mark A. Cohen A woman who allegedly suffered a throat injury while eating a muffin can proceed with her claim against the restaurant that served it even though the specific substance or object in the muffin that caused the injury...

MN Supreme Court rules district court's sustaining of state's 'Baston" objection erroneous.(Minnesota)
May 2, 2005... Byline: Barbara L. Jones Where a District Court judge found that a white defendant's race-neutral reason for use of a peremptory challenge against a black venire member was insufficient, but made no finding that the real reason for the...

Interview with Judge Renee Worke, MN's newest appellate judge.(Minnesota)(Interview)
May 2, 2005... Byline: Michelle Lore On June 10, Waseca County District Court Judge Renee Worke will be sworn in as the state's newest appellate judge. Worke will fill the seat formerly occupied by Judge James C. Harten, who retired on March 31 after 13...

MN Court of Appeals rules American Legion not liable in dram shop action.(Minnesota)
May 2, 2005... Byline: Barbara L. Jones The national and state American Legion organizations cannot be sued under the Civil Damages Act for an allegedly illegal liquor sale made by local American Legion Post 184, the Court of Appeals has ruled. A...

Commentary: Letter to the Editor: MN State Bar Assn. president reflects on Law Day.(Letter to the Editor)
May 2, 2005... Byline: LaVern A. Pritchard To the editor: Some people - OK, maybe a lot of people - look at a summons for jury duty as a creative-thinking challenge. How can I get out of being picked for a jury? Better yet, how can I get out having...

Commentary: Handling driver-passenger conflicts.
May 2, 2005... Byline: Minnesota Lawyer Staff Reporter In the case of an automobile accident, may a lawyer represent both the driver and the passenger(s) in a personal injury claim? This question is a frequent one raised in advisory opinion requests to...

Janet Reno speaks at William Mitchell College of Law's building dedication.(Brief Article)
May 2, 2005... Byline: Minnesota Lawyer Staff Reporter Former U.S. Attorney General Janet Reno spoke recently at William Mitchell College of Law's building dedication ceremony. Reno, the 78th U.S. attorney general appointed by President Bill Clinton...

Commentary: Bankruptcy banal? Not these two 8th Circuit cases.
May 2, 2005... Byline: Marshall H. Tanick The imminent and sweeping changes in bankruptcy law as a result of the new federal legislation passed by Congress and signed in mid-April by President Bush are likely to change the nature and practice of that...

MN legal associations offer advice on health-care directives.(Minnesota Paralegal Association)(Brief Article)
May 2, 2005... Byline: Minnesota Lawyer Staff Reporter A free "Ask-A-Lawyer" event will be available for the public on Tuesday, May 3, through Friday, May 6, as part of the nationally observed Law Week. Attorneys will be available to answer questions...

Minneapolis attorney Roger V. Stageberg to be honored at Law Day Testimonial Dinner.(Brief Article)
May 2, 2005... Byline: Minnesota Lawyer Staff Reporter On May 3, 2005, at its 24th annual Law Day Testimonial Dinner, The Fund for the Legal Aid Society will honor Minneapolis attorney Roger V. Stageberg who has been a friend of legal services for more...

MN Court of Appeals rules contingency fees are marital property.(Minnesota)
May 9, 2005... Byline: Barbara L. Jones The portion of a future contingency fee that is attributable to an attorney's work during a marriage is marital property subject to an equitable distribution in a dissolution, the Court of Appeals has ruled. A...

Minnesota lawyers who helped 9/11 victims recognized for their pro bono representation.
May 9, 2005... Byline: Barbara L. Jones Minnesota lawyers who contributed pro bono representation to victims of the terrorist attacks on Sept. 11 were recently recognized by Kenneth Feinberg, special master of the victim's compensation fund, at the...

MN Court of Appeals rules allocation period ends on date of remediation.(Minnesota)
May 9, 2005... Byline: Michelle Lore Where multiple insurers were liable under the pro-rata-by-time-on-the-risk method for water damage to homes built by their insured, the ending date for allocating their liability was the date the homes were repaired,...

Useful tips for mediations presented at Hennepin County Bar Association program.
May 9, 2005... Byline: Michelle Lore The Hennepin County Bar Association (HCBA) recently presented a continuing legal education (CLE) seminar designed to update and assist mediators around the state. The CLE - "Current Issues in the Practice of...

Why do judges usually win the Kentucky Derby pool at 17th District Bar Assn's annual meeting?
May 9, 2005... Byline: Bill Clements Why is it that only judges seem to win the Kentucky Derby pool organized each year at the 17th District Bar Association's annual meeting on the first Saturday in May? Participants in the pool each contribute a...

Commentary: Funding increases for public safety pass in Minnesota.
May 9, 2005... Byline: Ember Reichgott Junge Driven by two years of public focus on sex offender management and containment of the growing methamphetamine problem in Minnesota, the Minnesota Senate and House of Representatives recently passed public...

MN Legal Briefs: May 9, 2005.(appointments of Frank Vargas, Jennifer Reedstrom Bishop and Susan E. Ellingstad)(Brief Article)
May 9, 2005... Byline: Minnesota Lawyer Staff Reporter The Oak Ridge Financial Services Group, Inc. has announced the addition of Frank Vargas to its investment banking division serving as a managing director. He received his J.D. and MBA from the...

Minneapolis attorney Roger Stageberg honored at Law Day Testimonial Dinner.(Legal Aid Society)(Brief Article)
May 9, 2005... Byline: Minnesota Lawyer Staff Reporter At its annual Law Day Testimonial Dinner last week, The Fund for the Legal Aid Society paid tribute week to one of its indefatigable supporters, Minneapolis attorney Roger Stageberg. Stageberg...

Commentary: Hair-raising issues in ticket-scalping litigation.
May 9, 2005... Byline: Marshall H. Tanick Scalping of tickets to sporting and recreational athletic events has created some hair-raising issues in Minnesota recently. The practice of selling ducats for more than their face value is illegal in...

Re-enactment will celebrate Minnesota's Juvenile Court centennial.(Brief Article)
May 9, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court later this week will commemorate the 100th anniversary of the Juvenile Court in Minnesota by staging a reenactment of excerpts of the oral arguments in In re Gault, a 1967...

U.S. District Court for the District of Minnesota amends local rules.(Brief Article)
May 9, 2005... Byline: Minnesota Lawyer Staff Reporter The Local Rules for the U.S. District Court for the District of Minnesota have been amended pursuant to 28 U.S.C. sec. 2071 and Fed. R. Civ. P. 83(a). The amendments were adopted and approved by the...

Insurer of stalled auto liable under No-Fault Act, Court of Appeals rules.(Minnesota. Court of Appeals)
May 16, 2005... Byline: Michelle Lore Where a man was injured while unloading a stalled vehicle from the top of an automobile-transport trailer, the insurer of the vehicle rather than the insurer of the trailer was liable for no-fault benefits, the Court...

Minnesota's Legal Diversity Web site celebrates a year of success.(MNLegalDiversity.org, Minnesota Minority Bar Summit )
May 16, 2005... Byline: Michelle Lore Minnesota's Legal Diversity Web site celebrated its first anniversary last month. The site, MNLegalDiversity.org, is the creation of the Minnesota Minority Bar Summit (MMBS) - a collaboration of minority bar...

Delay in charging found not prejudicial by the Court of Appeals.(filing criminal charge, Minnesota. Court of Appeals)
May 16, 2005... Byline: Barbara L. Jones Where the state waited to charge a man for one burglary until after he had pled guilty to another, the use of the earlier burglary conviction to calculate the defendant's criminal history score for sentencing...

Rule change was culmination of five-year collaborative effort.(Lavender Bar Association)
May 16, 2005... Byline: Barbara L. Jones After a five-year effort initiated by the Lavender Bar Association (LBA), the Minnesota Supreme Court earlier this month broadened the language of the ethical restrictions on judge's memberships in organizations....

Regulators unveil 'Top 10 threats to investors'.(North American Securities Administrators Association)
May 16, 2005... Byline: James J. Eccleston The North American Securities Administrators Association (NASAA) has announced this year's "Top 10" investment scams to alert investors on how to avoid being cheated out of hundreds of millions of dollars. ...

Former MN State Bar Assn. president loses race-bias suit against St. Paul Travelers.
May 16, 2005... Byline: Barbara L. Jones Former Minnesota State Bar Association (MSBA) president Jarvis C. Jones and his lawyer, Donald H. Nichols of Minneapolis, expressed disappointment but not surprise at a recent defense verdict in a...

Helpful tips for practicing in federal court offered to MN attorneys.(Volunteer Lawyers Network, Minnesota)
May 16, 2005... Byline: Michelle Lore The Volunteer Lawyers Network recently teamed up with attorneys from the U.S. Department of Justice to provide lawyers with tips for practicing in federal court in Minnesota. The hour-long continuing legal...

Twin Citites law firms announce major diversity initiative.(Twin Cities Lawyers Group)
May 16, 2005... Byline: Michelle Lore Several Twin Cities law firms have joined forces to form the Twin Cities Lawyers Group (TCLG), a collaborative consortium of local law firms and others dedicated to advancing diversity in the Twin Cities legal...

Ramsey County Bar Association to honor local leaders.(Brief Article)
May 16, 2005... Byline: Minnesota Lawyer Staff Reporter In celebration of Law Day, the Ramsey County Bar Association (RCBA) will award George Latimer, Mary Hartnett, and Southern Minnesota Regional Legal Services (SMRLS) with the 2005 Law Day Awards. ...

MN Legal Briefs: May 16, 2005.(Gray Plant Mooty P.A. gets award)(Rider, Bennett, Egan and Arundel appoints Robert J. Burns)(Brief Article)
May 16, 2005... Byline: Minnesota Lawyer Staff Reporter Gray Plant Mooty received the Minnesota Business Ethics Award (MBEA) on Thursday, May 5, 2005. This MBEA is given annually to Minnesota businesses that have exemplified and promoted ethical conduct...

Commentary: State, federal appellate cases split on age bias.(Age discrimination)
May 16, 2005... Byline: Marshall H. Tanick The viability of the Social Security system is not the only legal concern confronting the aging Baby Boomer generation and their offspring. The graying of the workforce has led to a modest increase in the number...

8th Circuit reinstates bias claim against Scott County.(gender inequality)(Brief Article)
May 16, 2005... Byline: Minnesota Lawyer Staff Reporter The 8th U.S. Circuit Court of Appeals has reversed a District Court judge's grant of summary judgment in favor of Scott County and its administrators on claims of failure to hire, failure to promote...

Hennepin County District Court judge's comments to press subject of ethics complaint.
May 23, 2005... Byline: Barbara L. Jones The state's Board of Judicial Standards has filed a formal complaint against Hennepin County District Court Judge Kevin S. Burke over statements he made to the press last year about two prosecutors who were...

Amendment to implied consent law struck down by MN Supreme Court.(Minnesota)
May 23, 2005... Byline: Barbara L. Jones The Minnesota Supreme Court has ruled that the 2003 amendments to Minnesota's implied consent law violate a driver's due process rights because they do not provide for prompt judicial review of a prehearing...

New public-access rules mean more Web info for lawyers.
May 23, 2005... Byline: Michelle Lore The Minnesota Supreme Court earlier this month identified which court records will be available on the Web, with the vast majority limited to documents that the courts themselves generate. The high court's May 6...

Court of Appeals says coverage unavailable for deaths in home garage.
May 23, 2005... Byline: Barbara L. Jones Survivors of a man who died accidentally of carbon monoxide poisoning while in his vehicle in his garage were not eligible for no-fault benefits where they were unable to prove that the decedent's use of the...

Commentary: What's fair? Ethics for negotiators.
May 23, 2005... Byline: Neil W. Hamilton Most practicing attorneys are not litigators, but many interactions with an attorney's own client and a large share of interactions with other attorneys in adversarial settings involve negotiation. Even litigators...

Court of Appeals finds helper owed duty to baby who died in daycare.
May 23, 2005... Byline: Michelle Lore A woman who agreed to help out in a home daycare business for two weeks owed a duty of care to a baby who died while at the daycare even though she did not have any direct contact with the baby, the Court of Appeals...

MN Legal Briefs: May 23, 2005.(Appointments)(Foley & Mansfield PLLP)(Halleland Lewis Nilan Sipkins & Johnson)
May 23, 2005... Byline: Minnesota Lawyer Staff Reporter Foley & Mansfield has announced that partner William A. LeMire, has been appointed to serve as co-general counsel of the International Association of Arson Investigators. LeMire has experience in...

MN Chapter of Federal Bar Association presents scholarships.(Minnesota)(Brief Article)
May 23, 2005... Byline: Minnesota Lawyer Staff Reporter The Minnesota Chapter of the Federal Bar Association (FBA) last month presented scholarships to four Minnesota law students. The FBA has recognized outstanding achievement by law students for...

Commentary: Privacy cases reflect delusion of 'seclusion' tort.
May 23, 2005... Byline: Marshall H. Tanick Ever since the state Supreme Court first adopted the right of privacy, seven years ago this summer, Minnesota tribunals have been reluctant to embrace the concept. Following the landmark ruling of Lake v....

Reporters' group backs Hennepin County District Court judge, seeks to file brief.(Brief Article)
May 23, 2005... Byline: Barbara L. Jones The Washington, D.C.,-based Reporters Committee for Freedom of the Press intends to seek permission to file an amicus brief in the upcoming disciplinary proceeding against Hennepin County District Court Judge Kevin...

MN Court of Appeals rules 'Blakely' retroactive to sentence under appeal.(Minnesota)
May 30, 2005... Byline: Michelle Lore Where a District Court judge vacated a stay and imposed a sentence that was an upward durational departure, Blakely applies retroactively to the defendant's pending appeal of the sentence because the sentence was not...

Juvenile court in Minnesota celebrates its 100th anniversary.
May 30, 2005... Byline: Barbara L. Jones The Children's Law Center of Minnesota (CLC) and the juvenile court system in Minnesota are celebrating their 10th and 100th anniversaries, respectively, this year. Both events were commemorated earlier this month...

Medical-exam statements of child on abuse are admissible rules MN Court of Appeals.(Minnesota)
May 30, 2005... Byline: Barbara L. Jones A child's statements to a nurse practitioner about sexual abuse were not testimonial out-of-court statements where medical procedure was followed and the child had no indication that her statements might be used in...

Minnesota State Bar Association committee proposes minority clerkship program.
May 30, 2005... Byline: Michelle Lore The Diversity Committee of the Minnesota State Bar Association (MSBA) is proposing that the MSBA sponsor a summer clerkship program to promote the advancement of students of color in law firms. The announcement...

Legal professionals recognized at annual meeting of the Hennepin County Bar Assn.(Bowman and Brooke LLP and William J. Wernz awarded)(Brief Article)
May 30, 2005... Byline: Minnesota Lawyer Staff Reporter The Hennepin County Bar Association (HCBA) recognized local legal professionals for their commitment to diversity, professionalism, and the advancement of justice at the HCBA 2005 Annual Meeting on...

Ramsey County Bar Assn. elects new officers, gives pro bono awards.(Richard H. Kyle, Mary Ward and Robert Awsumb appointed)(Brief Article)
May 30, 2005... Byline: Minnesota Lawyer Staff Reporter The Ramsey County Bar Association (RCBA) has elected new officers and leaders. Richard H. Kyle, Jr., Kyle Law Office, was elected vice president of the association and will lead the organization as...

MN Association of Law Libraries chooses VIPS.(Valuable Invited Participants)(Brief Article)
May 30, 2005... Byline: Minnesota Lawyer Staff Reporter Minnesota Court of Appeals Chief Judge Edward Toussaint Jr. and Hennepin County Pro Se Services Division Manager Susan T. Ledray have been chosen as Valuable Invited Participants (VIPs) of the...

Awards presented for service to 2nd Judicial District of Minnesota.(Fred Kueppers, Jr., Mary Vasaly and Jeffrey Vesel awarded)(Brief Article)
May 30, 2005... Byline: Minnesota Lawyer Staff The 2nd Judicial District Pro Bono Committee, co-chaired by Ramsey County District Court judges Edward Cleary and David Higgs, awarded Fred Kueppers, Jr., Mary Vasaly and Jeffrey Vesel with Pro Bono Awards at...

MN Board of Judicial Standards drops ethics complaint against Hennepin County District Court Judge.(Minnesota)
May 30, 2005... Byline: Barbara L. Jones The Board of Judicial Standards has agreed to drop an ethics complaint against Hennepin County District Court Judge Kevin S. Burke over comments he made to the Star Tribune. The board filed the complaint after...

Commentary: Statutory provisions constitute defamation defenses.
May 30, 2005... Byline: Marshall H. Tanick Most of the obstacles that defamation claimants face arise under common law, or in some instances, constitutional considerations. Only rarely do statutes provide defenses in litigation for slander or libel....

MN State Bar Assn. honors Leonard Lindquist posthumously.(Minnesota)(Brief Article)
May 30, 2005... Byline: Minnesota Lawyer Staff Leonard Lindquist, a prominent national labor mediator and arbitrator who helped found the Lindquist & Vennum law firm, will be honored posthumously June 1 as the inaugural recipient of a Minnesota State Bar...

Minnesota Children's Law Center marks a decade of service.
May 30, 2005... Byline: Barbara L. Jones The Children's Law Center (CLC) of Minnesota recently marked its 10th anniversary by hosting the National Children's Law Network (NCLN) meeting at the Minnesota Judicial Center in St. Paul and at the Robins,...

MN Legal Briefs: May 30, 2005.(Minnesota)
May 30, 2005... Byline: Minnesota Lawyer Staff Steve Baker of Grannis & Hauge and Ben King of Gavin Olson & Winters each received a 1st Judicial District Annual Pro Bono Award for 2005. Baker received his award for services to the Dakota County Family...