Minnesota Lawyer articles from September 2008

Minnesota Lawyer archives from September 2008

8th U.S. Circuit Court of Appeals: Martinez, Deeken v. City of St. Louis.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Reverse Discrimination; Damages; Firefighter Hiring Where a District Court dissolved a consent decree entered in 1976 to address racial discrimination in the hiring and promotion of city...

8th U.S. Circuit Court of Appeals: Van Vickle v. Astrue.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Denial Of Benefits; Residual Functional Capacity; Credibility Where a claimant appealed the denial of social security disability benefits, substantial evidence supported the administrative law judge's...

8th U.S. Circuit Court of Appeals: JCB, Inc. v. Union Planters Bank.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Punitive Damages; Constitutionality; Trespass and Conversion (1) Where a creditor brought an action for trespass and conversion against a bank for the removal and unauthorized sale of equipment held...

8th U.S. Circuit Court of Appeals: U.S. v. Herron.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Lesser-Included Offense; Jurors Where a criminal defendant was convicted of assault with a dangerous weapon after attacking a man with a pair of scissors, the District Court did not err in refusing to...

Transferring real property on death becomes easier, cheaper under new Minnesota legislation.
September 1, 2008... Byline: Michelle Lore The transfer on death deed legislation that went into effect last month makes it easier and cheaper for Minnesotans to plan for the transfer of real property upon their death. The new law allows a person to sign...

8th U.S. Circuit Court of Appeals: U.S. v. Crissler.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter 'Franks' Hearing; Confidential Informant Where an officer testified that a former confidential informant was no longer active when he gave information in support of a search warrant and the officer...

8th U.S. Circuit Court of Appeals: U.S. v. Brown.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Drug Conspiracy Where a defendant was sentenced to 360 months after pleading guilty to a conspiracy drug offense, enhancements were supported by evidence that showed that the defendant organized and...

8th U.S. Circuit Court of Appeals: Green Tree Servicing v. Coleman.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Manufactured Home; Anti-Modification Provision Where a creditor held a secured claim in debtors' manufactured home, which was their principal residence, Section 1322(b)(2) is unambiguous and does not...

Minnesota judicial candidate Clark argued against listing Gildea's incumbent status.(Jill Clark)
September 1, 2008... Byline: Dan Heilman Does the incumbent status of a candidate for public office automatically give that candidate an unfair advantage? That was the argument unsuccessfully posed last week by a candidate for a seat on the Minnesota Supreme...

Immigration bar says FAIR is unfair, questions Minnesota CLE spot.
September 1, 2008... Byline: Barbara L. Jones Minnesota CLE recently found itself having to backpedal after it invited representatives of what has been called an anti-immigrant hate group to address the Criminal Justice Institute. After concerns were...

Commentary: Committee encourages judicial candidates to conduct dignified campaigns.
September 1, 2008... Byline: David Stowman Judicial candidates are different than candidates for legislative or executive branches of government. Judicial officers do not have a constituency or agenda; they are referees and must be impartial. Judicial campaign...

Academy of Certified Trial Lawyers of Minnesota endorses Anderson, Gildea, Godfrey and Sheran.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter The Academy of Certified Trial Lawyers of Minnesota has endorsed Justices Lorie Gildea and Paul Anderson for the Supreme Court seats up for primary election on Sept. 9. It also endorsed Paul Godfrey...

Commentary: Whose rules apply when a lawyer crosses state lines?
September 1, 2008... Byline: Robin J. Crabb It has become increasingly commonplace for lawyers to travel to other jurisdictions in the course of representing their clients. That brings up some questions: What agency has the authority to discipline a...

Commentary: The bottom line on the cost of associate loyalty.
September 1, 2008... Byline: Edward Poll Lawyers and law firms that find themselves faced with more business than they can reasonably handle (assume we're talking normal times and not today's twilight zone conditions) may decide to add a new associate. ...

Minnesota Bar Buzz: September 1, 2008.(Infinity Project)
September 1, 2008... Byline: Minnesota Lawyer Staff Report A Summit to Infinity The Infinity Project, which aims to bring another woman judge to the 8th U.S. Circuit Court of Appeals, has received a $43,000 grant from the Open Society Institute. The...

Tribal employment services statute ruled constitutional by Minnesota Supreme Court.
September 1, 2008... Byline: Minnesota Lawyer Staff Report In a 4-3 decision, the Minnesota Supreme Court has upheld the constitutionality of a statute that requires a tribal member, living in the service area of a tribe that provides employment services under...

Minnesota Supreme Court reverses, remands murder conviction.
September 1, 2008... Byline: Minnesota Lawyer Staff Report A first-degree murder conviction in a case involving a notorious 1970 shooting death of a St. Paul police officer was reversed and remanded by the Minnesota Supreme Court last week. The court...

Jointly owned vehicle not subject to forfeiture, rules Minnesota Court of Appeals.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Report The Court of Appeals has ruled that a jointly owned vehicle should not be forfeited based on the illegal conduct of one of its owners when the other owner proves by clear and convincing evidence that he...

Minnesota Lawyers in the News: September 1, 2008.
September 1, 2008... Byline: Minnesota Lawyer Staff Report Kathleen Picotte Newman has launched her new law firm, Kathleen Newman + Associates, P.A., located in downtown Minneapolis. The firm focuses on all aspects of family law. *** Paul J. Linstroth...

Sharon Van Dyck elected president of Minnesota Association for Justice.
September 1, 2008... Byline: Minnesota Lawyer Staff Report Minneapolis attorney Sharon Van Dyck is the new president of the Minnesota Association for Justice. Van Dyck assumed her new duties at the organization's annual convention in Alexandria last month. ...

Hennepin County District Court hears product liability case.
September 1, 2008... Byline: Minnesota Lawyer Staff Report Ms. J. Doe and Mr. D. Doe, a minor v. XYZ Corporation - Failure to Warn Plaintiff's Summary of the Case: For approximately four years, the plaintiffs, a mother and her son, consumed a nutritional...

8th U.S. Circuit Court of Appeals: U.S. v. Jones.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Quantity Determination; Acceptance Of Responsibility Where a District Court relied on the testimony of a witness to find that a defendant sole more than 500 grams of crack cocaine, the court could...

Minnesota Supreme Court: Greene v. Commissioner of Minn. Dept. of Human Services.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Tribal Member; Equal Protection; Rational Basis 1. Minnesota Statutes sec. 256J.645, subd. 4 requires that a tribal member residing in the service area of a federally recognized tribe, which...

Minnesota Supreme Court: State v. Clark.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Accomplice Testimony; Plain Error 1. An assistant county attorney is authorized to attend grand jury meetings for the purposes of framing indictments and examining witnesses, and the fact that an...

Minn. Supreme Court: In Re Appointment to Supreme Court Alternative Dispute Resolution Ethics Board.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Court Administration A conflicts panel of the ADR Ethics Board is appointed. Case Number: CX-89-1863 Case Name: In Re Appointment to the Supreme Court Alternative Dispute Resolution Ethics...

8th U.S. Circuit Court of Appeals: Sells v. Porter.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Judgment; Dischargeability; Willful Conduct Where a judgment for sexual harassment and retaliation was entered against the business partner of a debtor, the $360,000 judgment was nondischargeable...

8th U.S. Circuit Court of Appeals: Henning v. Mainstreet Bank.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Mortgage; Secured Creditor Where a homeowner argued that the mortgage he granted to a bank on his home as collateral for business loans should be released under the terms of their agreement, summary...

8th U.S. Circuit Court of Appeals: Mamot Feed Lot and Trucking, et al. v. Hobson, et al.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Class Action; Federal Usury; Failure To State Claim Where plaintiffs who were customers of a bank brought a class action against the bank, its holding company, officers, employees and shareholders...

8th U.S. Circuit Court of Appeals: Swift & Co. v. Elias Farms, Inc.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Agriculture; Consumer Fraud Act; Minnesota Law Where plaintiff entered into a contract with hog producers for the supply of hogs the agreement's use of the word termination was ambiguous, so summary...

8th U.S. Circuit Court of Appeals: Hinz v. Neuroscience, Inc.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Breach Of Contract; Lost-Profit Damages; Sufficiency Of Evidence Where a District Court reversed a lost-profit damage award for the plaintiff in a breach of contract case, the court had jurisdiction...

Minnesota Court of Appeals: Christianson v. Minnesota.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Closure of Courtroom Where defendant, in the company of three others, shot the victim during a robbery; a codefendant who agreed to testify against defendant had received death threats from...

Minnesota Court of Appeals: Minnesota v. Martin.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Deference to Jury's Verdict Where defendant was charged with third-degree assault; and some evidence might have suggested that defendant acted in self-defense, but other evidence showed that...

Minnesota Court of Appeals: Minnesota v. Rosebush.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Insufficient Evidence Even though defendant admitted that he was driving without vehicle insurance and he could not provide proof of insurance when his vehicle was stopped, we conclude that the...

Minnesota Court of Appeals: Minnesota v. Marquardt.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Birth Certificate Where defendant was cited for underage consumption of alcohol; and at trial, a copy of a certified birth certificate was admitted into evidence as proof of defendant's age; we...

Minnesota Court of Appeals: Minnesota v. Mangen.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Relevance; Prejudice Where the primary issue at trial was whether defendant possessed the 162 grams of cocaine found in the computer room and the kitchen cabinet of his home; and defendant admitted...

Minnesota Court of Appeals: Minnesota v. Head.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Report Factual Basis Even though defendant pleaded guilty to four felony drug offenses, two of which (counts II and IV) included aiding and abetting another individual in the sale and possession of cocaine, we...

Minnesota Court of Appeals: Shepersky v. Minnesota.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Report Leniency toward Family Member Where defendant pleaded guilty to four offenses pursuant to a plea agreement which provided that charges against his wife would be reduced to a misdemeanor, that there...

Minnesota Court of Appeals: Minnesota v. Ramirez.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Report Intentional Violations Where the probationer failed to maintain contact with his probation officer and failed to remain law-abiding when he re-entered the United States illegally; the District Court...

Minnesota Court of Appeals: Minnesota v. Shelton.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Report Cross-Examination Where defendant was charged with aiding and abetting first-degree robbery; the only defense raised was that the victim's testimony was not credible; the prosecutor asked defendant if...

Minnesota Court of Appeals: Minnesota v. Olmscheid.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Report Consent to Search Where, while sitting in her parked car at a residence, defendant watched officers arrest two men outside the residence; during the arrest, the officer drew their weapons and ordered...

Minnesota Court of Appeals: Minnesota v. Olson.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Report Consecutive Where defendant pleaded guilty to misdemeanor domestic assault and the felony of pattern of harassing conduct arising out of two separate incidents involving the same victim; and the...

Minnesota Court of Appeals: Laase v. 2007 Chevrolet Tahoe.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Joint Owners Minn. Stat. sec. 169A.63 (2006), does not authorize forfeiture of a vehicle used by one of its joint owners to commit a designated offense when another joint owner proves by clear and...

Minnesota Court of Appeals: TNT Properties, Ltd. v. Jacobs.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Agent for Purchase Agreement Even though the person who signed the real estate purchase agreement on behalf of the buyer was a real estate broker and no writing establishes an agency relationship, we...

Minnesota Court of Appeals: In the Matter of the Welfare of the Child of: H.S. and E.M.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Transfer of Custody Even though the District Court found that it was in the child's best interests to transfer legal custody to the child's maternal grandmother, we reverse and remand for an...

Minnesota Court of Appeals: Gordon v. First Franklin Financial.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Failure to Prosecute Where defendant served discovery requests on plaintiffs; 18 months later, when plaintiffs had not answered these requests, defendant moved that the complaint be dismissed for...

Minnesota Court of Appeals: In the Matter of the Civil Commitment of: Tolbert.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Less-Restrictive Treatment Where the District Court found that the patient is a sexually dangerous person, and, as a less-restrictive alternative, revoked the patient's supervised release and ordered...

Minnesota Court of Appeals: Superior Lake Street Properties, LLC v. Wayzata Bay Center, LLC.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Right of First Refusal Where the right-of-first-refusal agreement unambiguously provides that the purchaser (Superior) must purchase the subject property on the same terms and conditions as a third...

Minnesota Court of Appeals: Ericson v. Hallaway.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Continuing Violation; Credibility Even though the statute of limitations does not bar plaintiffs' claims regarding earlier e-mails that defendant admitted sending because the earlier e-mails were...

Minnesota Court of Appeals: Geist-Miller v. Mitchell.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Hostile-Environment Claim Where, in Frieler v. Carlson Mktg. Group, Inc., the Minnesota Supreme Court determined that it was no longer required that a plaintiff show as an element of proof in...

Minnesota Court of Appeals: Cook Sign Co. v. Combs.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Noncompete Agreement Where a salesman began working for a company (employer) which had recently purchased assets from the company for which the salesman had worked for 10 years; the salesman signed a...

Minnesota Court of Appeals: Johnson v. Berg.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Sufficient Evidence Where daughter repeatedly sent harassing letters, sometimes several per day, and made harassing phone calls to a health center complaining about her mother's care; daughter...

Minnesota Court of Appeals: Okrakene v. Governing Board of Directors of the Minnesota FAIR Plan.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Agent's Negligence Where the record indicates that the insured arguably gave his agent instructions to pay the property insurance premium from his mortgage escrow account rather than billing him...

Minnesota Court of Appeals: Midwest Pipe Insulation, Inc. v. MD Mechanical, Inc.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Federal Preemption Where a non-union employer alleges that a union's market-recovery-program grant to another employer was funded in some part by wage deductions on prior Davis-Bacon and Minnesota...

Minnesota Court of Appeals: DRJ, Inc. v. City of St. Paul.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Report Revocation of Bar's Licenses Where a bar's violations included failure to provide surveillance videotapes, serving alcohol to an intoxicated patron, and constructing a smoking patio that did not comply...

Minnesota Court of Appeals: Roggeman v. Shaky Town Express.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Misconduct Where claimant, who worked as a truck driver, failed several times to properly maintain his logbook as required by federal regulations enacted to protect the public welfare; and the ULJ...

Minnesota Court of Appeals: Matyi v. Cahill Salon & Tan Inc.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Misconduct Where claimant, a cosmetologist, was employed by a salon; claimant signed a noncompete agreement and received a copy of the employee handbook which prohibited employees from performing...

Minnesota Court of Appeals: Long v. Gina M. Benassi Chiropractic Inc.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Misconduct; Credibility Where the ULJ found that claimant added unauthorized and unperformed hours to her timecard by arriving at the clinic prior to the start of her scheduled shift and failing to...

Minnesota Court of Appeals: Broome v. Dobbs Temporary Services Inc.
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Temporary Staffing Employee Where claimant, who worked for a temporary staffing agency, did not receive the form required by Minn. Stat. sec. 268.095, subd. 2(d), when she began her employment; and...

Minnesota Court of Appeals: Daniels v. Cover All Services LLC.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Voluntary Quit Where the employer reduced claimant's hours from 40 to 25-30 per week; claimant quit because he could not afford his rent and the employer did not allow him to rent one of its...

Minnesota Court of Appeals: Minnesota v. O'Meara.(Brief article)
September 1, 2008... Byline: Minnesota Lawyer Staff Reporter Relationship; Prior Acquittal Prior similar conduct by a defendant is inadmissible as relationship evidence under Minn. Stat. sec. 634.20 (2004) when the defendant previously has been acquitted of...

A new IRS form presents challenges for nonprofits and lawyers.(Internal Revenue Service)
September 1, 2008... Byline: Dan Heilman Though it's not always easy to believe, changes in tax laws are generally made to help taxpayers. The IRS's new Form 990 might be an example of medicine that's ultimately helpful even though it might not taste very good...

Following the Minnesota State Bar Foundation's Rick Hendrickson Fund.
September 1, 2008... Byline: Michelle Lore Victims of Hurricane Katrina and Minnesota attorneys suffering from mental-health and chemical-dependency issues have turned out to be the beneficiaries of a pot of money raised by Minnesota's legal community. ...

Minn. Court of Appeals: Goodman v. Best Buy, Inc.
September 8, 2008... Byline: Minnesota Lawyer Staff Federal Action Tolls Limitations Period The tolling provision in 28 U.S.C. sec. 1367(d) (2000) suspends the running of the limitations period during the time when a covered claim is pending in federal...

Minn. Court of Appeals: Mertins v. Comm'r of Nat. Resources.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Commercial Fishing License; Due Process 1. Minn. Stat. sec. 97A.420, subd. 4(c) (2006), which limits the scope of a judicial-review hearing of a license seizure under Minn. Stat. sec. 97A.420, subd. 1...

Minn. Supreme Court: SECURA Supreme Ins. Co. v. M.S.M.
September 8, 2008... Byline: Minnesota Lawyer Staff Criminal-Act Exclusion 1. The phrase results from is identical in meaning to the phrase arises out of when used to describe the scope of the injuries for which a criminal-act exclusion contained in a...

Minn. Court of Appeals: Field v. Van Hofwegen.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Discovery Misconduct Where plaintiff moved for a new trial, alleging that defense counsel had engaged in discovery misconduct; and plaintiff did not object to the alleged discovery misconduct when it...

Minn. Court of Appeals: In the Matter of the Civil Commitment of: Pyron.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Sexually Dangerous Person Where the proposed patient does not challenge that he has engaged in a course of harmful sexual conduct and has manifested a sexual, personality or other mental disorder; as the...

Minn. Court of Appeals: St. Germaine v. Girard.
September 8, 2008... Byline: Minnesota Lawyer Staff Personal Injury Where plaintiff suffered injuries to his knee, neck and back in an auto accident; plaintiff had pre-existing neck and shoulder problems and, at the time of the accident, was receiving...

Minn. Court of Appeals: Botts v. Wagner.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Child Support Modification Where father has been employed in seasonal construction work, including his job as a crane operator, since 1979; and mother acknowledged that she is currently not earning enough...

Minn. Court of Appeals: Fedt v. Fedt.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Maintenance Modification Even though the obligor claimed that his monthly expenses had increased in part because of expenses related to real property that he purchased after the dissolution, we conclude...

Minn. Court of Appeals: Bernhagen v. Bernhagen.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Order for Protection Where wife alleged that husband threatened her that things are going to get nasty if she didn't do what he wanted and that something's going to happen and he might do something stupid...

Minn. Court of Appeals: Erickson v. Erickson.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Parenting-Time Modification Even though the District Court purported to clarify the parties' parenting-time stipulation, we conclude that (1) the District Court's order amounts to a modification because...

Minn. Court of Appeals: Kittridge v. Comm'r of Public Safety.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Authority of State TrooperWhere a state trooper who was patrolling on an interstate highway overheard a local police broadcast reporting exhibition driving nearby; the trooper exited the interstate and...

Minn. Court of Appeals: Bicha v. Water Gremlin Co.
September 8, 2008... Byline: Minnesota Lawyer Staff Whistleblower Claim Where a supervisory employee alleges that he relayed complaints from the die operators he supervised to upper management regarding the presence of excess oil smoke in violation of the...

Minn. Court of Appeals: Lake Carlos Area Ass'n v. Douglas County.(Minnesota)(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff EIS; Shoreland Setback Where the administrative record indicates that the county board, as the responsible government unit, analyzed all three phases of the CSAH 42 highway-expansion project; the county...

Minn. Court of Appeals: Yang v. Scott.(Minnesota)(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Police Pursuit of Suspect Where an officer responded to a dispatcher's call reporting a theft at a retail store of a few hundred dollars of merchandise; the officer sighted a fast-moving vehicle; the...

Minn. Court of Appeals: Burlington Coat Factory of Minn., LLC v. Chapman.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Termination of Lease Where on March 19 the landlord provided the commercial tenant with 90 days notice that it was terminating the tenancy, as required by the parties' lease, and requested that the tenant...

Minn. Court of Appeals: Hawkins v. Fontaine.(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Prima Facie Case Where the patient was seen in urgent care on May 3 and treated for pneumonia; on May 4, the patient was seen by a physician who reviewed the patient's record, performed a physical exam,...

Minn. Court of Appeals: Sanders v. Fabian.(Minnesota)(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Disciplinary Confinement Even though the inmate was resentenced, we conclude that the District Court erred in vacating disciplinary-confinement time that the inmate had received prior to resentencing...

Minn. Court of Appeals: In the Matter of the Petition of Option One Mortgage Corp.
September 8, 2008... Byline: Minnesota Lawyer Staff Townhouse Declaration Where, in the first appeal of this matter, we reversed and remanded, determining that a townhouse declaration was ambiguous as to whether the townhouse association was limited to...

Minn. Court of Appeals: Parents in Community Action Inc. v. Byrd.(Minnesota)(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Failure to Appear Where, one day before the evidentiary hearing on claimant's administrative appeal, the employer requested a continuance; the request was denied; on the day of the hearing, the employer...

Minn. Court of Appeals: Ervasti v. County of Hennepin.(Minnesota)(Brief article)
September 8, 2008... Byline: Minnesota Lawyer Staff Medical Necessity Where the record contains substantial evidence that claimant's depression and anxiety made it medically necessary that he quit, but claimant never informed the employer about his...

Minn. Court of Appeals: May v. Coldwater Creek Inc.
September 8, 2008... Byline: Minnesota Lawyer Staff Misconduct Where claimant, a store manager, received a copy of the employer's policy handbook, which forbids the falsification of time records; claimant admits that she altered time records and submitted...

Minn. Court of Appeals: Peterson v. AlliedBarton Security Services LLC.
September 8, 2008... Byline: Minnesota Lawyer Staff Misconduct Where claimant acknowledges that he sunbathed shirtless while on duty as a uniformed security guard; and claimant was required to wear a uniform while on the job; we conclude that claimant...