Minnesota Lawyer articles from October 2007

Minnesota Lawyer archives from October 2007

Hennepin County goes after gangs.
October 1, 2007... Byline: Barbara L. Jones The Hennepin County Attorney's Office earlier this year revitalized its gang prosecution unit, and, given Minneapolis' rising gang violence rate, the move came not a moment too soon. In recent weeks, several...

Remembering Duluth's most famous murders 30 years later.
October 1, 2007... Byline: Barbara L. Jones This summer marked the 30th anniversary of the most notorious murder case in Minnesota history -- the killing of the fabulously wealthy Elisabeth Congdon and her nurse, Velma Pietila. The double murder occurred at...

Patients blame gambling compulsions on drug.(Boehringer Ingelheim)
October 1, 2007... Byline: Nora Lockwood Tooher Santo Salafia, 71, an Italian immigrant and retired laborer in Middletown, Conn., had lived frugally and never gambled his entire life. But in April 2002, shortly after he began taking the drug Mirapex to...

Do vaccinations cause autism?(Reprint)(Case study)
October 1, 2007... Byline: Dick Dahl For the first year of his life, Yates Hazelhurst was a normal boy. But then his parents took him to the doctor's office for a series of routine vaccinations, and shortly thereafter Yates began changing into something else...

Commentary: The 'dishonest procrastinator' lives on.
October 1, 2007... Byline: Kevin Slator In the late 1980s several lawyer discipline cases in Minnesota involved attorneys who lied to courts, clients or opposing counsel to conceal neglect of files and failure to communicate with clients. These attorneys...

Minnesota Lawyers in the News: October 1, 2007.
October 1, 2007... Byline: Minnesota Lawyer Staff Valerie Jensen has become executive director of Twin Cities Diversity in Practice. Jensen previously served as executive director of career planning at Valparaiso University School of Law in Indiana, as well...

Finalists for new positions created by the 2007 Minn. Legislature announced.(Brief article)
October 1, 2007... Byline: Minnesota Lawyer Staff The finalists for two 10th Judicial District trial court bench vacancies have been announced. The judgeships are new positions created by the 2007 Minnesota Legislature (2007 Minnesota Laws, Chapter 54,...

Commentary: How to survive the lawyer cocktail party.(Viewpoint essay)
October 1, 2007... Byline: David Yas Some people think the most important thing to bring to a cocktail party is a stack of business cards. Wrong. The most important thing? Breath mints. Trust me on this. No one is going to want your business cards...

Minnesota Bar Buzz: October 1, 2007.(Blog entry)
October 1, 2007... Byline: Minnesota Lawyer Staff Reporter Wall Street Journal blog looks at frontier justice Among the many interesting things to do since the infamous Larry Craig bathroom stall case broke has been to watch the national media invade Bar...

Minnesota Supreme Court Calendar for October 1 through October 10, 2007.(Calendar)
October 1, 2007... Byline: Minnesota Lawyer Staff The following summaries of upcoming Supreme Court arguments for October were prepared by the Supreme Court Commissioner's Office. Monday, Oct. 1, 2007, 9:00 a.m., Supreme Court Courtroom, State Capitol...

Minnesota judges seek radical changes to judicial discipline rules.
October 8, 2007... Byline: Barbara L. Jones The Minnesota District Judge's Association has submitted a proposal to the Supreme Court advisory committee reviewing the judicial-discipline rules, asking that the complaint process be modified to provide more...

Minnesota Code of Judicial Conduct proposal has few surprises.
October 8, 2007... Byline: Barbara L. Jones The proposed new Minnesota Code of Judicial Conduct should surprise no one who has followed the journey of Republican Party, et al. v. White, et al. during the last five years. It also offers few surprises to...

Minnesota Bar Buzz: October 8, 2007.
October 8, 2007... Byline: Minnesota Lawyer Staff Reporter Not safe at home The right to represent oneself in court is one of the staples of the American legal system. But sometimes, enough is enough. That seems to be the case in Stephens, et al. vs....

Minnesota Court News: October 8, 2007.
October 8, 2007... Byline: Minnesota Lawyer Staff Reporter Three new judges appointed to Court of Appeals Gov. Tim Pawlenty has appointed three new judges to the Minnesota Court of Appeals judges: Heidi Schellhas, Francis Connolly and Matthew Johnson....

Minnesota Legal Briefs: October 8, 2007.
October 8, 2007... Byline: Minnesota Lawyer Staff Reporter MAHR commemorates World Day against the Death Penalty October 10, 2007, marks the fifth annual World Day against the Death Penalty. To commemorate the day, Minnesota Advocates for Human...

Minnesota Lawyers in the News: October 8, 2007.
October 8, 2007... Byline: Minnesota Lawyer Staff Reporter Five lawyers have joined the Minneapolis office of Faegre & Benson. Erin M. Verneris concentrates in the defense of mass tort and product liability cases. She received her J.D., magna cum laude, from...

Minnesota job market tight for law school graduates.
October 8, 2007... Byline: Dan Heilman Peter Gregory is no slacker. He graduated from the University of St. Thomas School of Law last spring in the top 15 percent of his class; he devoted 40-hour weeks of study toward passing the bar; and he's spent...

Minnesota committee wants to see confidential discipline files.
October 8, 2007... Byline: Barbara L. Jones A committee trying to determine whether the state's judicial-discipline rules are in need of revision has a big problem -- it doesn't have access to any of the files that would show how past cases have been...

Hennepin County District Court Judge Nordby orders rescission of license revocations.
October 8, 2007... Byline: Barbara L. Jones Sharply criticizing his district's "fast track" for processing impaired driving cases, Hennepin County District Court Judge Jack Nordby has rescinded driver's license revocations in two cases because the drivers...

Dealing with collateral consequences of convictions in Minnesota.
October 8, 2007... Byline: Barbara L. Jones For some offenders, prison or probation is just their first step in paying their "debt to society." A host of collateral consequences of which offenders may not be aware attend a criminal conviction. Two years...

Minnesota considers making changes to law allowing criminal records to be expunged.
October 8, 2007... Byline: Michelle Lore After 40 years with the same company, a client of Roseville criminal defense attorney Rebecca Fisher unexpectedly found himself laid off. He sought other work, to no avail. The problem? He had criminal record -- a...

Minnesota firms sponsor Equal Justice Works fellowships.
October 8, 2007... Byline: Michelle Lore What do assistance for deaf persons caught up in the criminal justice system and equal educational opportunities for low-income students in greater Minnesota have in common? They are both subjects of Equal Justice...

Commentary: A few thoughts as Minnesota Lawyer turns 10.
October 8, 2007... Byline: Mark A. Cohen Nine years ago, while I was working at a legal newspaper in Boston, I got a phone call from Sam Spencer, then a corporate officer for Dolan Media. Sam -- who previously had been CEO of the Boston-based legal...

Commentary: Airport, athletics and aesthetics in recent slip-and-fall cases.
October 9, 2007... Byline: Marshall H. Tanick Slip-and-fall cases in Minnesota arise at all kinds of sites. But they are more notable when they occur at familiar places frequented by sizeable segments of the public. A pair of these cases was decided...

Commentary: MySpace is a well-stocked arsenal for trial lawyers.
October 15, 2007... Byline: Edward P. Schwartz While your fourteen-year-old daughter might have known about MySpace and Facebook like forever, trial lawyers have only recently begun to realize the amount and variety of ammunition that may be waiting for them...

An Innocent Endeavor: Important victory for Innocence Project of Minnesota.(Sherman Townsend )(Case study)
October 15, 2007... Byline: Michelle Lore Sherman Townsend's release from prison earlier this month marked an important victory not only for him, but also for the Innocence Project of Minnesota. Townsend had spent a decade in prison for a crime he says he...

Foreclosure attorneys not debt collectors, U.S. District Court judge says.
October 15, 2007... Byline: Barbara L. Jones The Edina law firm of Shapiro, Nordmeyer & Zielke did not violate the Fair Debt Collection Practices Act when it published a foreclosure notice containing debt information, U.S. District Court Judge Richard H. Kyle...

Collaborative law comes of age in Minnesota.
October 15, 2007... Byline: Michelle Lore Collaborative law, a national movement that started here in Minnesota in the early 1990s, recently got an important form of recognition from the state Supreme Court -- enshrinement in the General Rules of Practice....

Q&A with Minnesota District Court, 5th Judicial District Judge George Harrelson.(interview )(Interview)
October 15, 2007... Byline: Dan Heilman As George Harrelson prepares to retire in eight months or so after 25 years on the bench, he has a lot to look back on and a lot to look forward to. As one of the first law clerks in Southwestern Minnesota, he worked...

MySpace is a well-stocked arsenal for trial lawyers.
October 15, 2007... Byline: Edward P. Schwartz While your fourteen-year-old daughter might have known about MySpace and Facebook like forever, trial lawyers have only recently begun to realize the amount and variety of ammunition that may be waiting for them...

Republican Party of Minnesota already readying for '08 judicial races.
October 15, 2007... Byline: Barbara L. Jones The Republican Party of Minnesota is already gearing up for the 2008 judicial elections. Party members plan to perform an analysis of all the state's judges, with a special emphasis on the 34 judges who are up for...

Minnesota Bar Buzz: October 15, 2007.
October 15, 2007... Byline: Minnesota Lawyer Staff Reporter Supreme Court marshals itself to go on the road The Minnesota Supreme Court last week trekked to Marshall to meet with students and hear arguments in a first-degree murder case, State v. Caine....

Minnesota Legal Briefs: October 15, 2007.(United States. Department of Justice filed a case against Bouquet Builder)(Minnesota Justice Foundation hold event in celebration of 25th anniversary)(United States. Courts of Appeals ordered police departments to have warrant for a thermal imaging search of a home)
October 15, 2007... Byline: Minnesota Lawyer Staff Reporter Judge allows family to intervene in civil rights suit U.S. District Court judge Richard Kyle has ruled that a family may intervene in a lawsuit filed by the Department of Justice against a...

Minnesota Lawyers in the News: October 15, 2007.
October 15, 2007... Byline: Minnesota Lawyer Staff Reporter Jacob A. Gatschet has joined the Minneapolis office of Fish & Richardson P.C. as an associate in its litigation group. Gatschet received his J.D., magna cum laude, in 2006 from Ave Maria School of...

Minnesota Court News: October 15, 2007.(appointment of Ann L. Carrott, Joseph A. Evans and Douglas P. Anderson at Minnesota. District Court. 7th Judicial District )
October 15, 2007... Byline: Minnesota Lawyer Staff Reporter Three appointed to 7th District trial court bench Governor Tim Pawlenty has appointed Ann L. Carrott, Joseph A. Evans and Douglas P. Anderson to the 7th Judicial District trial court bench. ...

Across the Region.(case on Michael James Brummond for sexual harassment)(Attorney General Tom Miller filed case against pharmaceutical industry for pricing high)(Richard Kopf ordered a lawsuit protesting a tax on liquor sales)
October 15, 2007... Byline: Minnesota Lawyer Staff Reporter IOWA Teacher ordered to take harassment classes A judge has ordered a middle school teacher to take interpersonal communication and sexual harassment classes. Michael James Brummond, 54,...

Bench, bar react to Justice Hanson departing from Minnesota Supreme Court.
October 15, 2007... Byline: Barbara L. Jones Members of the legal community reacted with sadness last week to the generally unexpected news that Justice Sam Hanson will leave the Supreme Court at the end of this year. Hanson will return to his former law...

Commentary: Why nonengagement letters are helpful.(Column)
October 15, 2007... Byline: Edward Poll This is the first in a two-part series on nonengagement letters. I have regularly emphasized in this column the importance of having a signed engagement letter for a new client, stating each party's responsibilities...

Internet scammers targeting Minnesota attorneys.
October 22, 2007... Byline: Mark A. Cohen Attorneys beware -- there is an Internet scammer out there specifically targeting you. A local attorney (who asked that we not use his name) recently had a close call and wanted to share his story to prevent...

Hennepin County's Criminal Mental Health Court to open clinic to monitor meds.
October 22, 2007... Byline: Barbara L. Jones Those who work with the mentally ill are painfully aware of the consequences that arise if the patients refuse to take their medicine, as they often do. Frequently those consequences involve criminal behavior. ...

Minnesota's public defender's trial team provides support in complex criminal cases.
October 22, 2007... Byline: Barbara L. Jones They don't ride in on a white horse or anything like that, but members of the state public defender's trial team definitely come to town to help out. The trial team is a group of seven lawyers, including State...

Send lawyers, fun and money: Attractive Nuisance Tour raises money for legal services in Minneapolis.
October 22, 2007... Byline: Dan Heilman When Noisy Withdrawal takes the stage this Friday at the Fine Line Music Cafe in Minneapolis, the group's guitarist has modest ambitions. "We just hope they don't turn the lights out on us," said Steve Beck, who...

Commentary: Halloween happenings: Hassles, hijinks, help & harassment.
October 22, 2007... Byline: Marshall H. Tanick There are many stories, some actual and some apocryphal, concerning the law on Halloween. Take the one about the process server having trouble completing his job. Waiting until Halloween, he dressed in a...

Minnesota Lawyers in the News: October 22, 2007.
October 22, 2007... Byline: Minnesota Lawyer Staff Reporter Melanie P. Persellin has joined the law firm of Jensen Anderson Sondrall, P.A. as a senior associate. Persellin earned her J.D. from DePaul University College of Law in Chicago. She will practice in...

Minnesota Legal Briefs: October 22, 2007.(Minnesota. Supreme Court to cobduct hearing on rules of Civil Procedure.)(retirement regulation on law firms)(Survey)
October 22, 2007... Byline: Minnesota Lawyer Staff Reporter Court to hold hearing on proposed civil rules changes The Minnesota Supreme Court will hold a hearing in December to consider proposed amendments to the Minnesota Rules of Civil Procedure. ...

Commentary: Legacies, legal publishing and an e-update.
October 22, 2007... Byline: Mark A. Cohen I was saddened to hear that the Justice Sam Hanson will leave the high court at the end of the year to rejoin his old firm, Minneapolis-based Briggs and Morgan. Of course Hanson is pretty close to mandatory...

Commentary: Why nonengagement letters are helpful.
October 22, 2007... Byline: Edward Poll This is the second in a two-part series on nonengagement letters. In last week's column, I discussed how a nonengagement letter can protect a lawyer against clients whose matter you have considered, but decline to...

Increasing number of couples legally separating in attempt to reconcile.(Reprint)
October 22, 2007... Byline: Nora Lockwood Tooher Years ago, there were only two reasons couples legally separated: for religious reasons and to preserve health benefits. Now, however, an increasing number of couples are legally separating in the hopes...

Minnesota Bar Buzz: October 22, 2007.(practice of lawyers)
October 22, 2007... Byline: Minnesota Lawyer Staff Reporter Minne-apple to Big Apple guy: Try the pie Lawyers are usually thick on the ground at Peter's Grill in Minneapolis, but Bar Buzz only spotted a couple there when Republican presidential hopeful...

Practical problems of prevailing in police brutality cases.
October 22, 2007... Byline: Michelle Lore Police misconduct cases aren't easy to prove. They often involve complex issues of immunity, credibility, juror partiality and even politics. But, as two high-profile cases illustrate, with the right facts, they can...

Conceal-carry law still triggers strong feelings in Minnesota.
October 22, 2007... Byline: Dan Heilman Minnesota's Citizens' Personal Protection Act -- better known as the conceal and carry law -- was passed more than two years ago, but, judging by the response the topic got during a forum in St. Paul last week, it's...

For ad agencies, law firms are a whole different brand of client.
October 22, 2007... Byline: Dan Heilman In the 30-plus years since lawyers have been allowed to advertise, virtually all have succumbed to the advertising bug, whether by way of a Yellow Pages ad in the 1980s or a deluxe website in 2007. But relatively few...

Balancing law school curriculums: Report on state of legal education causes stir among academics.(reports of Carnegie Foundation for the Advancement of Teaching)
October 29, 2007... Byline: Michelle Lore A recent report on the state of legal education is causing a stir among academics and is even serving as the impetus for some law schools to make changes to their curriculum. The Carnegie Foundation for the...

Transformative ADR movement gains toehold in Twin Cities.(analysis of conflict management)
October 29, 2007... Byline: Michelle Lore Minneapolis attorney Dan Simon earlier this month became the state's first certified "transformative mediator." Simon earned this distinction by fulfilling the requirements set forth by the Institute for the Study...

Proposal by Minnesota Supreme Court's advisory committee aims to clarify rule.
October 29, 2007... Byline: Barbara L. Jones Rule 68, governing offers of judgment or settlement, has proven itself to be not only a trap for the unwary, but, in some cases, a trap for the wary as well. But help may be on the way. A new rule proposed by...

The picture remains fuzzy on cameras in Minnesota's courtrooms.
October 29, 2007... Byline: Dan Heilman A committee considering whether to open the state's courtrooms to cameras was supposed to make a recommendation this month, but, as it turns out, it's still a developing story. The Supreme Court's Advisory Committee...

More than moonlighting: Lawyers who establish separate careers outside their legal practices.
October 29, 2007... Byline: Dan Heilman When Eran Kahana faces a formidable adversary, he tries not to become anxious. He keeps his breathing steady and attempts to maintain an air of what the Japanese call "kamai," or a fighting posture that radiates both...

Courts are split on 'take home' asbestos cases.
October 29, 2007... Byline: Correy E. Stephenson With traditional asbestos cases declining, plaintiffs' lawyers' attempts at a new breed of lawsuit are getting a mixed reaction. Take home asbestos cases typically involve an employee exposed to asbestos...

Inspiring trust in courts starts with procedural fairness.(opinions of Kevin Burke )
October 29, 2007... Byline: Barbara L. Jones A lot of attorney hours have been devoted in recent years to discussions of how to conduct judicial elections in Minnesota. Hennepin County District Court Judge Kevin Burke believes a vital part of the debate about...

Public hearing held on fund for bridge victims.
October 29, 2007... Byline: Charlie Shaw Ron Engebretson lost his wife of 32 years when the Interstate 35W bridge collapsed in Minneapolis on Aug. 1. At a public hearing last week, the Shoreview resident shared some memories of being married to Sherry...

Minnesota Legal Briefs: October 29, 2007.(services of Rensselaer R. Nelson)(Hennepin County Bar Association)(reports of Department of Justice about threats to federal court judges)
October 29, 2007... Byline: Minnesota Lawyer Staff Reporter Display honors Minnesota's first federal judge Rensselaer R. Nelson, the first U.S. District Court judge for the District of Minnesota, is the subject of a display in the lobby of the federal...

Minnesota Bar Buzz: October 29, 2007.(practice of Maureen Kane Berg)(opinions of Robert Rubin)(Eric Lipman blogs a recipe of common cold)
October 29, 2007... Byline: Minnesota Lawyer Staff Reporter Local lawyer has 'Almost Got it Made' Maureen Kane Berg practiced law for 15 years before deciding to take time off to pursue a different endeavor -- completion of a script she'd started working...

Commentary: Compensation for nonbillable hours is essential.
October 29, 2007... Byline: Edward Poll There's a relatively new book with the overwrought title "Lawyers Gone Bad," which contends that lawyers have abandoned helping the poor and middle class in their pursuit of profits. However, the simple fact is that...

Commentary: With a vampire as a client, your defense better not be toothless.
October 29, 2007... Byline: Mark A. Cohen In the spirit (no pun intended) of the Halloween season, I have decided to explore a few of the legal issues faced by vampires and other undead clients. Now, I know what you are thinking. They kill, they maim,...

Corrections.
October 29, 2007... Byline: Minnesota Lawyer Staff Reporter In State Republican Party already readying for '08 judicial races in the Oct. 15 edition, it was erroneously reported that 34 judicial candidates will be running in 2008. The actual count, as of Oct....

Positions open on Minnesota Supreme Court's Racial Fairness Committee.
October 29, 2007... Byline: Minnesota Lawyer Staff Reporter A number of positions are open on the Minnesota Supreme Court's Racial Fairness Committee (formerly known as the Implementation Committee on Multicultural Diversity and Racial Fairness in the...

Minnesota Women Lawyer holds 13th annual Rosalie Wahl Leadership Lecture.
October 29, 2007... Byline: Minnesota Lawyer Staff Reporter Minnesota Women Lawyer held its 13th annual Rosalie Wahl Leadership Lecture last week with featured speaker Holly English, president of the National Association of Women Lawyers and author of "Gender...

Minnesota Lawyers in the News: October 29, 2007.
October 29, 2007... Byline: Minnesota Lawyer Staff Reporter Brigid M. Goss has joined Best & Flanagan as an associate, practicing in the areas of commercial litigation and family law. Goss is a 2007 graduate of the University of Minnesota Law School. ***...

Commentary: SEC approves rule increasing protection for investors.
October 29, 2007... Byline: James J. Eccleston The Securities and Exchange Commission recently approved a controversial rule that will add significant protections for investors purchasing or exchanging deferred variable annuities. Deferred variable...