Minnesota Lawyer articles from November 2007

Minnesota Lawyer archives from November 2007

Minnesota Supreme Court faces question: Who gets survivors' loss benefits?
November 5, 2007... Byline: Michelle Lore Are survivors' economic loss benefits limited to a decedent's spouse and dependent children? That is the question facing the Minnesota Supreme Court in a case involving a woman whose live-in boyfriend was killed...

In Ramsey County, judges voicing some budget frustrations.
November 5, 2007... Byline: Barbara L. Jones When the 8.3 percent budget increase the Legislature gave to the courts last spring got allocated among the 10 judicial districts for fiscal year 2008, three districts didn't receive a slice of the pie. The...

St. Paul native is a 'singing clerk' and follows his muse.
November 5, 2007... Byline: Dan Heilman With 20 years as clerk of the appellate courts under his belt, Fred Grittner is proud of the fact that he is the second-longest serving in that post in the court's history. However, he doesn't consider that his legacy....

Commentary: is exceeding client expectations possible or even desirable?
November 5, 2007... Byline: Edward Poll It has become a cliche that success is defined by doing more than anyone rationally can possibly do. "Giving 120 percent" or "working a 25-hour day" are examples of this kind of mindset. Lawyers are particularly...

Minnesota Supreme Court rules state can intervene in civil case.
November 5, 2007... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has granted the state's request to stay discovery depositions in a man's civil dissolution case during the pendency of his criminal trial. Christina and Ryan Deal have...

Vacancies announced on Hennepin County bench.(Brief article)
November 5, 2007... Byline: Minnesota Lawyer Staff Reporter Applications are being accepted for four trial court bench vacancies in the 4th Judicial District in Hennepin County. Three vacancies will occur with the resignations of Judges Heidi S. Schellhas...

Minn. Supreme Court Justice should be open-minded, willing to listen to all points of view.
November 5, 2007... Byline: Michelle Lore The retirement of Minnesota Supreme Court Justice Sam Hanson at the end of the year gives Gov. Tim Pawlenty his third chance to appoint someone to the state's highest court. It's unclear at this point whether the...

Minnesota Supreme Court rules clergy abuse law survives challenge.
November 5, 2007... Byline: Mark A. Cohen An evenly divided Minnesota Supreme Court left in place a decision upholding as facially valid Minnesota's clergy criminal assault statute. The case -- State v. Bussmann -- involved the prosecution of a Catholic...

Conducting a bloodless cross-examination.
November 5, 2007... Byline: Nora Lockwood Tooher Mark Kosieradzki, a plaintiff's lawyer who specializes in nursing home malpractice suits, said that many people -- including young lawyers -- think that cross-examination requires eviscerating a witness. ...

Who should receive unclaimed money from class action settlements?
November 5, 2007... Byline: Dick Dahl This summer, George Washington University Law School announced that it had received a substantial $5.1 million gift from an alumnus to endow a new program focusing on global antitrust enforcement. The alumnus was...

Harassment standard will be reviewed by Minnesota Supreme Court.
November 5, 2007... Byline: Barbara L. Jones The legal standard that determines liability for sexual harassment is coming before the Minnesota Supreme Court in a case recently accepted for review. Frieler v. Carlson Marketing Group will potentially clear...

Hennepin County Bar Assn. forum highlights need for reform in state's judicial elections.
November 5, 2007... Byline: Mark A. Cohen Nearly eight months after the Quie Commission released its report calling for reform in Minnesota's judicial appointment and election system, there remains a great divide in the legal community about how to go about...

Letters to the Editor.(Letter to the editor)
November 5, 2007... Byline: Minnesota Lawyer Staff Reporter Rules change impacted protection orders To the editor: On October 8, 2007, you printed my piece "Confidentiality Agreements and Protective Orders: Isn't there an Easier Way?" in which I...

Commentary: three cases from here on high court docket this term.
November 5, 2007... Byline: Marshall H. Tanick Very few cases in the federal and state courts from this jurisdiction make it all the way to the U.S. Supreme Court. One reason is the declining number of cases adjudicated by the high court each year. ...

Minnesota Lawyers in the News: November 5, 2007.
November 5, 2007... Byline: Minnesota Lawyer Staff Edward Laine, an attorney with Oppenheimer Wolff & Donnelly, has been honored as a Fellow of the American College of Trial Lawyers. He practices in the area of litigation with a primary emphasis on...

Minnesota Bar Buzz: November 5, 2007.
November 5, 2007... Byline: Minnesota Lawyer Staff A supremely judicious panel at UST Law School It was held the day after Halloween, but a recent panel discussion of four former Minnesota Supreme Court justices was much more of a treat than a trick. ...

University of St. Thomas School of Law hosts unusual program on mortgage fraud.
November 9, 2007... Byline: Mark A. Cohen Four victims of mortgage fraud and a convicted felon were among the speakers at a highly unusual program last week held at the University of St. Thomas School of Law. The two-and-half hour program, "Mortgage...

Minnesota Lawyers in the News: November 12, 2007.
November 12, 2007... Byline: Minnesota Lawyer Staff William J. Cosgriff was one of two recipients to receive the Saint Paul Police Foundation's Service Award at the Saint Paul Police Grand Ball last month. Cosgriff's recognition was in honor of his service as...

Commentary: firm support makes rainmaking easier.
November 12, 2007... Byline: Edward Poll In a recent article, I read a new reason given for why lawyers hate marketing and can't "sell." Consultant Larry Richard, who holds a Ph.D. in psychology as well as a J.D., suggests that it's because lawyers have little...

Minnesota Bar Buzz: November 12, 2007.
November 12, 2007... Byline: Minnesota Lawyer Staff Talk loudly and carry a little stick (or gavel, anyway) We had a piece in Bar Buzz last week about a panel discussion at the University of St. Thomas Law School featuring four former Minnesota Supreme...

Minnesota Bar Association News: November 12, 2007.
November 12, 2007... Byline: Minnesota Lawyer Staff RCBA event raises $46,000, honors pro bono lawyers The Ramsey County Bar Association hosted its 2007 Bench & Bar Benefit on Saturday, Oct. 13, at Southview Country Club in West. St. Paul. The event raised...

Sharply focused practices may create a stronger practice.
November 12, 2007... Byline: Dan Heilman When Minneapolis lawyer Andrea Rubenstein began her legal career in the 1970s, she spent several years as a general litigator. While Rubenstein wasn't aggressively looking for an area in which to concentrate her...

Say what? Understanding the role of interpreters.
November 12, 2007... Byline: Dan Heilman Imagine that your client is in a hearing or a deposition, but that he's surrounded by a thick wall that muffles his speech and makes it hard for the judge and other concerned parties to understand him. A similar...

Minnesota Court of Appeals rules statute of repose applies to new home warranties.
November 12, 2007... Byline: Michelle Lore The 10-year statute of repose on property-improvement claims applies to actions for breach of the statutory new-home warranties and to actions for breach of express written warranties, the Court of Appeals has ruled....

Don't shoot the messenger.
November 12, 2007... Byline: Michelle Lore Crying, shouting and swearing are not uncommon reactions from clients who have just received bad news about their case, practitioners say. Bad news can take many forms. It can mean the client lost the case, was...

Minnesota lawyers that became forever entwined: the class of '55.
November 12, 2007... Byline: Michelle Lore More than half a century ago, the lives of a small group of future lawyers became forever entwined when they began clerkships at the Minnesota Supreme Court. What has distinguished this particular class of law...

Lawyer office sharing proliferating throughout the country.
November 12, 2007... Byline: Dick Dahl Lawyer office sharing is proliferating in many parts of the country -- especially in high-cost cities where attorneys who want to leave large firms are finding the high cost of office rental prohibitive. By sharing...

Trial by campfire: Gerry Spence's Trial Lawyers College helps lawyers get in touch with themselves.
November 12, 2007... Byline: Nora Lockwood Tooher A male lawyer sits across from a woman he does not know while she plays the role of his wife. He apologizes for the condescending tone he used in their last argument, and says: "I treasure you, and can't...

Minnesota Legal Briefs: November 12, 2007.
November 12, 2007... Byline: Minnesota Lawyer Staff Minneapolis AAA office celebrates 40 years of service The regional office of the American Arbitration Association is celebrating 40 years of service to the community. The association is dedicated to...

Commentary: backup! backup! backup!
November 12, 2007... Byline: Bruce L. Dorner The warning is to be heeded. You can never have too many backups of your precious data. Programs can always be reinstalled, but data can vanish in the blink of an eye. The key to a really good backup system is...

Lessons learned from UST Law's innovative mentor program in Minnesota.(University of St. Thomas)
November 16, 2007... Byline: Michelle Lore Founded just six years ago, the University of St. Thomas School of Law has already become an integral part of the fabric of the Minnesota legal community. And nothing has done more in helping to weave this...

Making a federal case out of campaign practices law in Minnesota.
November 16, 2007... Byline: Barbara L. Jones A law making it a gross misdemeanor to prepare or promulgate false campaign information certainly has its detractors. Having already faced down two constitutional challenges in state court, it is now subject to a...

Minnesota Lawyers in the News: November 19, 2007.
November 16, 2007... Byline: Minnesota Lawyer Staff Reporter Trudy J. Halla was recently named to the 2007 "Top Women in Finance" list by Finance and Commerce, Minnesota Lawyer's sister publication. Halla, a shareholder with Briggs and Morgan, has more than 28...

Student group present at law schools in Minnesota.
November 19, 2007... Byline: Dan Heilman When Micala Gordon started law school this fall at William Mitchell College of Law, she found plenty of student organizations to choose from, and even a number of groups that addressed issues of social justice. But...

Minnesota Bar Buzz: November 19, 2007.
November 19, 2007... Byline: Minnesota Lawyer Staff Reporter Minnesota lawyers rally for colleagues in Pakistan Last Wednesday at noon, members of the Minnesota bar joined with attorneys across the country to demonstrate in support of lawyers and judges in...

Commentary: collections depend on collection policy.
November 19, 2007... Byline: Edward Poll Our recent discussion of nonengagement letters raises the point that attorneys and law firms often find it necessary to send such communications because they have failed to establish, explain and enforce effective...

Minnesota Court News: November 19, 2007.
November 19, 2007... Byline: Minnesota Lawyer Staff Reporter Minnesota to get a new federal court magistrate judge The Judicial Conference of the United States has authorized the creation of a new magistrate judge position in the District of Minnesota. ...

Minnesota Legal Briefs: November 19, 2007.
November 19, 2007... Byline: Minnesota Lawyer Staff Reporter Court clarifies knowledge requirement in porn statute The Minnesota Supreme Court has determined that the child pornography statute requires a possessor of child pornography to be subjectively...

Commentary: First Amendment strikes out baseball's control over 'fantasy' games.
November 19, 2007... Byline: Marshall H. Tanick With the World Series now over -- and the Boston Red Sox champions for the second time in four years -- fans of the national pastime will have to retreat to the cozy comforts of the hot-stove league over the fall...

A slippery verdict for Minnesota lawyer.
November 19, 2007... Byline: Michelle Lore How many lawyers can say they've logged more than 24,000 hours on a single case? Probably very few, and, like it or not, Faegre & Benson attorney Brian O'Neill, lead plaintiffs' attorney in the Exxon Valdez oil spill...

Minnesota Supreme Court rules PTO policies in employee handbook are enforceable.
November 19, 2007... Byline: Mark A. Cohen In a closely watched employment case, the Minnesota Supreme Court has ruled that state law does not require an employer to pay an employee terminated for misconduct the value of the vacation time accrued prior to her...

Violation of bar license law leads to dram shop liability rules Minn. Court of Appeals.
November 19, 2007... Byline: Mark A. Cohen The sale of alcohol at an establishment not properly licensed to serve liquor constituted an unlawful sale giving rise to liability under the Civil Damages Act, the Court of Appeals has ruled. The owner of the...

Janus embarks on a new role as William Mitchell dean in St. Paul.
November 19, 2007... Byline: Michelle Lore After 23 years as a professor with William Mitchell College of Law, Eric Janus is ready for the challenge of being the school's new dean. Janus has served as interim dean since the school announced two months ago...

Minnesota trial court records are now online.
November 26, 2007... Byline: Barbara L. Jones The amount of information about you and your clients available online just multiplied -- how dramatically depends on your involvement with the Minnesota state trial court system. After years of preparation,...

University of Minnesota's lawyers are ready for anything.
November 26, 2007... Byline: Dan Heilman One of the most active and versatile stables of lawyers in the Twin Cities is tucked away in relative obscurity in offices a couple of miles east of downtown Minneapolis. The University of Minnesota's Office of the...

Jahn joins Minnesota Lawyer as publisher.
November 26, 2007... Byline: Minnesota Lawyer Staff Reporter Steve Jahn has been named vice president and publisher of Minnesota Lawyer and its Twin Cities-based sister publications, Finance and Commerce and the Saint Paul Legal Ledger. Jahn has 20 years...

Greenhouse gas laws raise business concerns in Minnesota.
November 26, 2007... Byline: Barbara L. Jones Business and environmental concerns intersect when the topic is greenhouse gases. The current legal and regulatory climate means that business must factor emissions control into its strategic planning and economic...

Mitchell's IP Institute in St. Paul seeks to restore balance to the law.
November 26, 2007... Byline: Barbara L. Jones In the 60 years that the Lanham Act has been in place, there have been 2,659 cases that substantively resolved a trademark dispute, and plaintiffs and defendants each won about 50 percent of the cases. But in...

Rules-based calendar usage grows as headlines scream malpractice.
November 26, 2007... Byline: Natalie Lombardo With avoidance of malpractice claims in mind, law firms of all sizes are using Deadlines On Demand, an Internet version of the rules-based calendaring service CompuLaw. Deadlines On Demand was designed to help...

U.S. Tax Court rules donation of client case files not deductible.
November 26, 2007... Byline: Lawyers USA Staff The lawyer for the Oklahoma City bomber couldn't claim a charitable deduction for donating copies of case materials to a university, the U.S. Tax Court has ruled. The attorney donated the photocopied materials...

Minnesota Bar Buzz: November 26, 2007.
November 26, 2007... Byline: Minnesota Lawyer Staff Wait, wait...it's Karen's answering machine One of the most famous voices in radio, that of Carl Kasell of National Public Radio, is now answering the phone for St. Paul attorney Karen Cole. Cole appeared...

Commentary: Trade shows offer one-stop marketing.
November 26, 2007... Byline: Edward Poll There is no better way to establish effective marketing relationships with prospective clients than by establishing a presence for your firm or your practice at industry trade shows and association meetings. By...

Minnesota Juvenile Protection Rules Committee has vacancy.
November 26, 2007... Byline: Minnesota Lawyer Staff The Minnesota Supreme Court seeks to fill several vacancies on the Juvenile Protection Rules Committee. The three-year term of service will begin Jan. 1, 2008, and end Dec. 31, 2010, with an opportunity to be...

Commentary: a tough tenure draws to a close: a Paulose perspective.(Rachel Paulose)
November 26, 2007... Byline: Mark A. Cohen The news last week that Rachel Paulose would be leaving as U.S. attorney was hardly shocking. And I am sure that there are many in the U.S. Attorney's Office rejoicing. The gulf that had grown between our 34-year-old...

Minnesota Lawyers in the News: November 26, 2007.
November 26, 2007... Byline: Minnesota Lawyer Staff Real estate litigation attorney Gary Van Cleve has become board certified by the Minnesota State Bar Association in both civil trial and real property law. Van Cleve is chair of the real estate litigation...

Commentary: Case underscores the need to comply with SEC regulations.
November 26, 2007... Byline: James J. Eccleston Investment advisers -- and their attorneys -- should be familiar with the recent sanctions that the Securities and Exchange Commission imposed against Consulting Services Group and its founding partner,...