Minnesota Lawyer articles from October 2003

Minnesota Lawyer archives from October 2003

Commentary: County should install metal detectors at Hennepin court.
October 6, 2003... Byline: Mark Cohen By its very nature the situation in a courthouse is combustible. People who are unwilling or unable to resolve their own disputes have come together to face each other and let someone else do it. The result is uncertain...

Minneapolis attorney Roger Magnuson leads Mall of America owners to a victory in court.
October 6, 2003... Byline: Michelle Lore Minneapolis attorney Roger J. Magnuson has handled some very large and very public cases during the last several years of his three-decade legal career. In 2000, Magnuson represented the Florida Legislature during...

MN Court of Appeals rules glass company must arbitrate 5,700 insurance claims separately.
October 6, 2003... Byline: Michelle Lore An auto glass service company must separately arbitrate 5,700 claims it has against an insurance company over replacement or repair of its policyholders' windshields, the Court of Appeals has ruled. The glass company...

National Lawyers Guild to hold convention in Minneapolis.(Brief Article)
October 6, 2003... Byline: Minnesota Lawyer Staff Reporter Minneapolis will host the annual National Lawyers Guild Convention from Oct. 22-26. The 65-year-old organization will mark the event with the theme of "Demand Democracy!" recognizing what it calls...

MN State Bar Assn. proposes new rule on responsibilities regarding law-related services.
October 6, 2003... Byline: Office of Lawyers Professional Responsibility More and more law firms are establishing law-related entities to provide services to clients. Among those services are financial planning, accounting, economic analysis, trust services,...

William Mitchell College of Law to begin $15M campus renovation and construction project.(Brief Article)
October 6, 2003... Byline: Minnesota Lawyer Staff Reporter William Mitchell College of Law (WMCL) is about to begin a $15 million campus renovation and construction project that will give the law school new and remodeled classrooms and a new student center....

MN Court of Appeals rules insurer can't litigate policy liability in garnishment.
October 6, 2003... Byline: Barbara Jones An insurance company that refused to defend an action cannot reopen the case on the merits in a subsequent garnishment claim, the Court of Appeals has ruled. The underlying suit which involved mold damage to a house...

Proposal by Minn. advisory committee to eliminate mandatory court transcripts proves controversial.
October 6, 2003... Byline: Michelle Lore The state's prosecutors and criminal defense attorneys are uniting forces to oppose a recent proposal to eliminate mandatory transcripts in felony and gross misdemeanor cases. In fact, even the members of the...

Shootings at the Hennepin County Government Center put focus on courthouse security.
October 6, 2003... Byline: Mark Cohen The shooting of a lawyer and his client on the 17th floor of the Hennepin County Government Center last week has highlighted the need for addressing security concerns at the facility. Attorney Richard Hendrickson was...

U.S. Supreme Court cases that may affect law in Minnesota.
October 6, 2003... Byline: Marshall Tanick There are no cases from Minnesota currently on the docket of the U.S. Supreme Court as it swings into action this week. The present calendar, which will expand as the term takes shape, also is devoid of the...

MN Legal Briefs: October 13, 2003.
October 13, 2003... Byline: Minnesota Lawyer Staff Reporter LeVander, Gillen & Miller, P.A. has announced that Donald Hoeft and Jon R. Steckler have joined the firm. Hoeft practices in the areas of probate, estate planning, business organization, and real...

Minnesota lawyers trained to provide pro bono asylum help.
October 13, 2003... Byline: Michelle Lore In an effort to mobilize the legal community to provide pro bono assistance to aliens seeking asylum, several local organizations recently pooled their resources to present members of the bar with an introduction to...

Hennepin County Public Defenders' Office commemorates Gideon decision.
October 13, 2003... Byline: Minnesota Lawyer Staff Reporter The Hennepin County Public Defender's Office will remember former chief Bill Kennedy, who died last August, and commemorate the 40th anniversary of Gideon v. Wainwright in a ceremony from noon to 1:30...

Four Minnesota legislators file amicus brief in public defender co-pay case.
October 13, 2003... Byline: Barbara Jones Four legislators have weighed in as amici in a case involving a constitutional challenge to a recently enacted statute that provides for a co-payment between $50 and $200 for those who use public defender services....

Minn. Court of Appeals disallows extrinsic evidence of vehicle ownership.
October 13, 2003... Byline: Michelle Lore An insurance company could not introduce extrinsic evidence of vehicle ownership to rebut the presumption of ownership established by a certificate of title, the Court of Appeals has ruled. A man got into an accident...

Eagan attorney Dale Nathan battles against suspension of law license.
October 13, 2003... Byline: Barbara Jones Eagan attorney Dale Nathan, who last year ran for attorney general on a platform advocating judicial reform, argued to the Minnesota Supreme Court last week that he should be allowed to continue practicing law in the...

Minn. Court of Appeals rules plaintiff can sue licensee for fall on property.
October 13, 2003... Byline: Mark Cohen A woman injured on a developer's property when she fell in a hole allegedly dug by sisters who were on the property with the developer's permission can bring a negligence action against the sisters, the Court of Appeals...

Commentary: Who knew what and when is key in 'qui tam' litigation cases.
October 13, 2003... Byline: Marshall Tanick Thirty years ago, members of the Senate committee investigating the Watergate scandal, spurred by Sen. Howard Baker (R. Tenn.), pondered the question: "What did he know and when did he know it?" Committee members...

MInnesotan Jon Garon installed as Hamline law school dean.(Brief Article)
October 13, 2003... Byline: Minnesota Lawyer Staff Reporter Minnesota native Jon Garon was officially welcomed as Dean of Hamline University School of Law during installation ceremonies on Oct. 9 at Hamline United Methodist Church in St. Paul. Garon began his...

Fantasy Supreme Court League enters second year.
October 13, 2003... Byline: Minnesota Lawyer Staff Reporter Lawpsided Press has announced the second year of its Fantasy Supreme Court League. Unlike traditional fantasy leagues, the focus of this league is not on the world of sports but on the world of law....

MN Legal Briefs October 20, 2003.
October 20, 2003... Byline: Minnesota Lawyer Staff Reporter Brent Reichert, a partner with Robins, Kaplan, Miller & Ciresi L.L.P. and a 1979 graduate of Concordia College, was inducted into the school's Athletic Hall of Fame at a special ceremony on Oct. 4,...

Proposed pro se rules submitted to high court.
October 20, 2003... Byline: Barbara Jones Proposals for two new rules that are intended to facilitate access to the courts by pro se litigants are being considered by the Supreme Court, which will review without a hearing the recent report of the Advisory...

Innocence Ball well-attended, doubles profit of last year.(Brief Article)
October 20, 2003... Byline: Minnesota Lawyer Staff Reporter Approximately 375 guests were in attendance at the Minnesota Innocence Project's third annual "Innocence Ball" in downtown Minneapolis. The annual event was held on Saturday, Oct. 11, at the Hyatt...

John M. Dornik on being a bar leader in difficult times.(head of the Hennepin County Bar Association)
October 20, 2003... Byline: Michelle Lore Minneapolis personal injury attorney John M. Dornik has been leading the Hennepin County Bar Association (HCBA) since July. He took over as president of the 8,000-member organization at a time when court budgets are...

Hearing held on mandatory transcript rule.
October 20, 2003... Byline: Barbara Jones While a proposal to eliminate mandatory transcripts in felony and gross misdemeanor cases enjoys strong judicial support, public defenders, prosecutors and even members of the Advisory Committee on Rules of Criminal...

Commentary: Attorneys advice: Avoid abundant allegations.(Forest Lake Chrysler-Plymouth-Dodge)
October 20, 2003... Byline: Marshall Tanick Before he became president, Abraham Lincoln was an accomplished attorney. He spent some of his time handling criminal cases, but his practice was centered primarily on civil matters. Lincoln often defended...

Morgan Stanley Dean Witter censured and fined $2M.(for conducting mutual fund and variable annuity sales contests)
October 20, 2003... Byline: James Eccleston The National Association of Securities Dealers (NASD) recently censured and fined Morgan Stanley Dean Witter (MSDW) $2 million for conducting mutual fund and variable annuity sales contests. The details of the...

Minnesota law applies in conflicts-of-law case.
October 20, 2003... Byline: Barbara Jones Minnesota's six-year statute of limitations should be applied in a case involving a Minnesota resident who was injured in Arizona while using a ladder purchased in Texas, the Court of Appeals has ruled. A Douglas...

The Minnesota Justice Foundation honors public interest law professionals.(Brief Article)
October 20, 2003... Byline: Minnesota Lawyer Staff Reporter The Minnesota Justice Foundation (MJF) will honor five public interest law professionals at its annual fall fundraiser on Oct. 23 at the University of Minnesota Law School campus. The event is held...

Fair board entitled to recreational immunity.
October 20, 2003... Byline: Michelle Lore Transportation of fairgoers on a tractor-trailer was a recreational service entitling the fair board to recreational-use immunity from a claim by the father of a boy who was killed when he fell off the trailer, the...

High court hears testimony on defenders' relief request.
October 20, 2003... Byline: Barbara Jones The Minnesota Supreme Court last week heard testimony on a petition by state public defenders seeking relief from an emergency situation that they say has resulted from insufficient resources and a constant inflow of...

Vehicle forfeiture found not excessive.
October 20, 2003... Byline: Mark Cohen The forfeiture of a 2001 Pontiac Aztek owned by an unemployed woman who was convicted of a first-degree driving while impaired offense does not constitute an excessive fine under the state and federal constitutions, the...

MN Legal Briefs October 27, 2003.
October 27, 2003... Byline: Minnesota Lawyer Staff Reporter Maslon Edelman Borman & Brand, LLP, has announced that Robert Gadtke, Haley Schaffer and Julian Zebot have joined the firm as associates in the firm's litigation group. Gadtke graduated with his J.D....

Federal judge blasts departure reporting requirement.
October 27, 2003... Byline: Minnesota Lawyer Staff Reporter In a recent decision, U.S. District Court Judge Paul A. Magnuson strongly criticized the federal requirement that departures from sentencing guidelines be reported to Congress. The requirement, a part...

University of St. Thomas dedicates law school building.
October 27, 2003... Byline: Barbara Jones After years of planning and building, the University of St. Thomas celebrated the completion of its new law school building with a dedication and dinner on Friday, Oct. 17. About 700 guests gathered in the Schulze...

Local organizations honored for immigrant work.(Brief Article)
October 27, 2003... Byline: Minnesota Lawyer Staff Reporter The National Immigration Project of the National Lawyers Guild presented Minnesota Advocates for Human Rights, Centro Legal and Oficina Legal-Immigrant Law Center of Minnesota as co-recipients of the...

Council on Crime and Justice gets grant award.(Brief Article)
October 27, 2003... Byline: Minnesota Lawyer Staff Reporter The Council on Crime and Justice has been awarded a $214,810 grant from the National Institute of Justice to conduct sexual violence research in the deaf and hard of hearing community. The research...

Commentary: Part II: Legal practice and moral psychology in MN.(Column)
October 27, 2003... Byline: Neil Hamilton My Sept. 29 column, "Legal Practice and Moral Psychology in Minnesota," presented the major findings of the Minnesota approach to moral psychology research. This essay applies those findings first to the counseling of...

Retired judge completes the Appalachian Trail.(Richard Menke)(Interview)
October 27, 2003... Byline: Barbara Jones To cover the entire Appalachian Trail, a hiker must walk about 2,160 miles, which for most trekkers would be the journey of a lifetime. But retired Judge Richard Menke, 68, of Prior Lake, has walked twice that number...

High court justices hear med-mal case at Winona high school.
October 27, 2003... Byline: Michelle Lore Was the affidavit of a registered nurse sufficient to meet the expert affidavit requirement in a medical-malpractice case filed against the Mayo Clinic by a woman who ended up with a large scar on her forehead after...

'Do-not-call' cases recall state telemarketing ruling.
October 27, 2003... Byline: Marshall Tanick A pair of recent federal court decisions, far from Minnesota, striking down the national "do-not-call" telemarketing registry has caused considerable controversy and consternation on the part of consumers and...

Cancellation provision not an express contract term.
October 27, 2003... Byline: Michelle Lore The cancellation provisions of Minn. Stat. sec. 559.21 which allow a party to cure a default before a real estate agreement is cancelled were statutorily implied into a contract for the sale of farmland, but did not...

Former chief defender honored, 'Gideon' commemorated.(William Kennedy)(Obituary)
October 27, 2003... Byline: Minnesota Lawyer Staff Reporter The Hennepin County Public Defender's Office honored former chief William Kennedy, who died last August, and commemorated the 40th anniversary of Gideon v. Wainwright in a ceremony last week at the...