http://www.minnlawyer.com/type.cfm/Legal%20News The latest news updates for Legal News from Minnesota Lawyer en-us Copyright 2010, Minnesota Lawyer. http://www.minnlawyer.com/article.cfm/2010/02/08/Mayos-healthy-home-court-advantage-Suing-the-regions-dominant-employer-remains-a-daunting-prospect-f The difficulties Olmsted County plaintiffs face in pursuing a med-mal claim against the Mayo Clinic, by far the area’s largest employer, were apparent in a recent appellate case. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/SOL-suspended-by-fed-court-proceeding A plaintiff’s state law human rights claim against Best Buy, previously dismissed as untimely, was revived by the Minnesota Supreme Court last week when it decided that the running of the statute of limitations on a state law claim was suspended while the case sat in federal court. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Facing-dim-job-prospects-law-students-are-stressed-but-doing-what-they-can By the end of this month legal observers will have a much better picture of just how bad the job market is for recent law school graduates. That’s when the approximately 200 accredited law schools in the country report job placement numbers for the spring class of 2009. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Effective-amicus-advocacy-Become-a-true-friend-of-the-court The last thing an attorney wants to do when submitting an amicus brief to the Minnesota Supreme Court is to irritate the justices. But spending page after page on a point already fully briefed by one of the parties is a sure way to do just that. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Few-fireworks-evident-at-RNC-8-hearing-Defense-prosecution-debate-process-conspiracy-to-riot-trial-b As a long-anticipated “RNC 8” hearing got underway last week, a dozen lawyers, eight defendants and scores of spectators and media members packed Judge Teresa Warner’s Ramsey County courtroom. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Medmal-plaintiff-cant-add-defendant-to-avoid-dismissal The Minnesota Court of Appeals has ruled that a med-mal plaintiff who missed the deadline for serving the defendant vision correction company with expert witness affidavits could not avoid dismissal of her suit by amending her complaint to add the physician whose alleged negligence constituted the same cause of action. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Law-firm-faces-suit-for-underpaying-older-attorneys The EEOC has filed a claim against a law firm for age discrimination and retaliation for the way it compensated attorneys older than 70. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Tax-Court-says-taxpayer-can-deduct-sexchange-expenses A taxpayer could deduct medical costs relating to sex-change procedures required to treat her gender identity disorder, the U.S. Tax Court has ruled. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/ABA-releases-solosmall-firm-technology-guide The American Bar Association has released “2010 Solo and Small Firm Legal Technology Guide: Critical Decisions Made Simple.” Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Citizens-United-and-Minnesota-campaign-finance-law The U.S. Supreme Court’s recent decision in Citizens United v. FEC changes the rules for corporate participation in federal elections by allowing corporations to make independent expenditures advocating the election or defeat of a candidate. The high court’s ruling affects state laws as well, and has caused state legislatures and regulators across the country to revise their rules for corporate participation in state elections. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Tips-for-improving-your-Twitter-bio Looking to increase your Twitter followers? You can tweet until you’re blue in the face, but many savvy users of the network know to look at who is sending the Tweet before they follow. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Court-reform-funding-among-bar-groups-legislative-agenda The needs of the judiciary will be front and center when representatives of the Minnesota State Bar Association and the Minnesota Association for Justice hit the corridors of the Capitol this session. The MSBA is planning to focus on judicial election reform and MAJ will be hitting hard on court funding issues. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/High-court-lab-analyst-case-fizzles-out It looked like a potential blockbuster. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/People--Practices--February-8 David Bolt, an attorney with the Bolt & Hoffer Law Firm, has been appointed by the Minnesota Supreme Court to a four-year term on the Standing Committee for Administration of No-Fault Arbitration. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/New-judge-appointed-to-6th-District-bench Dale O. Harris has been appointed to the 6th Judicial District trial court bench in Duluth. The vacancy occurred with the retirement of Judge Gerald C. Martin on Oct. 1, 2009. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/08/Opening-announced-on-Client-Security-Board The Minnesota Supreme Court is seeking to fill one nonlawyer vacancy on the Client Security Board. Mon, 08 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Liberian-defamation-claim-dismissed Former Liberian faction leader’s suit against Advocates for Human Rights found untimely. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Mortgage-valid-despite-wifes-failure-to-sign A mortgage was valid and enforceable against a wife who actively participated in a mortgage transaction with her husband even though she didn’t sign the loan documents as a co-borrower, the Minnesota Court of Appeals has ruled. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/ITV-may-be-coming-soon-to-a-courtroom-near-you Attempting to strike a balance between saving money and saving due process, a state Supreme Court task force has recommended that more criminal proceedings should be held by interactive television. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Minnesota-bar-members-called-on-to-contribute-to-Haiti-relief-effort Two legal professional groups in Minnesota are calling on members of the state bar to donate money for relief efforts that will keep the rebuilding going after the television cameras leave. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Gernander-wraps-up-his-term-as-chair-of-attorneyethics-board-Praised-for-steady-leadership-in-challe During Kent Gernander’s recently ended six-year term as chair of the Lawyers Professional Responsibility Board, the board got socked with a $1.5 million attorney fee award in Republican Party, et al. v. White, et al., had a thorough evaluation by a Supreme Court committee and saw significant changes to the disciplinary rules. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/A-JAGs-tale-from-the-Iraqi-front Darrin Rosha is part of the 34th Infantry Division’s Office of the Staff Judge Advocate. He was deployed to Iraq in February 2009 and will be returning home later this month. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Magistrate-judge-sought-in-Duluth Due to the upcoming retirement of U.S. Magistrate Judge Raymond Erickson on Aug. 27, 2010, the District of Minnesota is seeking applicants for a U.S. Magistrate Judge in Duluth. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Impact-of-Citizens-United-may-not-be-as-predicted Speculation surrounds what impact the Supreme Court’s Citizens United v. Federal Election Commission decision enabling corporations to spend money on express advocacy will have. Will it naturally favor Republicans?  Will it mean more money in politics and therefore costlier campaigns?  Perhaps, but other scenarios are also possible. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Tanick-Varying-violence-views-in-four-8th-Circuit-ACCA-cases What constitutes a “violent felony” for purposes of imposition of the ACCA sanction was addressed recently in a quartet of varying decisions of the 8th U.S. Circuit Court of Appeals, including two from Minnesota. The decisions, three issued within a 24-hour span, reflect various views of the type of misbehavior that merits the mandatory minimum. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Commentary-Get-ethical January is over and many New Year’s resolutions have been cast aside. “Get in shape” may be just a memory. Now you can focus on what’s really important: becoming a more ethical practitioner. There is still plenty of time to get your practice “in shape” with a few simple steps. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Column-Where-to-draw-the-ethical-line Lawyers are ethically bound to abide by the law and by the American Bar Association’s Model Rules of Professional Conduct, which prohibit any “criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects” as well as “conduct involving dishonesty, fraud, deceit or misrepresentation.” Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/New-rules-create-controversy-over-Medicare-setasides New rules requiring insurance companies to report information about lawsuit settlements to Medicare are stirring up a heated controversy among personal injury and insurance defense attorneys. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Small-business-retirement-plans-fuel-litigation Small businesses facing audits and potentially huge tax penalties over certain types of retirement plans are filing lawsuits against those who marketed, designed and sold the plans. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Court-OKs-application-of-DNAsample-statute-to-misdemeanants The Minnesota Court of Appeals has determined that the DNA-sample statute, which authorizes the taking of DNA from a misdemeanant in some circumstances, does not violate the search-and-seizure provisions of the U.S. or Minnesota constitutions. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Tomboyish-employee-can-sue-for-gender-stereotyping A hotel employee could sue for gender stereotyping based on an allegation that she was fired because she did not have a sufficiently feminine appearance, the 8th U.S. Circuit Court of Appeals has ruled in reversing a summary judgment. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Robins-Kaplan-expanding-to-New-York Robins, Kaplan, Miller & Ciresi L.L.P., announced last week that it is expanding its operations to New York. The new office, which will be located in Manhattan, will be led by David Leichtman and Hillel Parness, who will be joining the firm as partners. Leichtman and Parness are both partners at Lovells LLP. Also joining Robins Kaplan as a partner is Bryan Vogel. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/OConnor-calls-Citizens-United-a-problem Add retired Justice Sandra Day O’Connor to the list of people unhappy with the Supreme Court’s ruling in Citizens United v. FEC. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Lawsuit-filed-over-generic-version-of-YazYasmin Following hundreds of lawsuits alleging injuries caused by the birth control pills Yaz and Yasmin, a new one has been added to the docket over the generic version, Ocella. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Judge-rules-warrant-not-needed-to-analyze-blood A Minnesota judge has shot down a lawyer’s argument that authorities should need a warrant before running a blood test. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/02/01/Court-of-Appeals-launches-selfhelp-center Parties considering filing an appeal with the Minnesota Court of Appeals can now get help through a new online Court of Appeals Self-Help Center. Mon, 01 Feb 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Once-again-courts-are-concerned-about-budget-cuts Last year Minnesota Supreme Court Chief Justice Eric Magnuson drove to the corners of the state to rally support against proposed cuts to the courts’ budget. And it worked. The justice system was spared from the significant cuts experienced by such areas as health care and education. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Lawyer-theft-case-illustrates-importance-of-accounting-oversight A Twin Cities lawyer was recently disbarred after pleading guilty to swindling the Bloomington law firm he and three other lawyers founded in 2005. Thomas A. Rothstein, 45, had been charged with thefts totaling $124,258 from Halberg Criminal Defense. Rothstein allegedly used firm checks and credit cards for personal expenses, including flowers, iTunes and fitness club bills. His sentencing hearing is slated for Jan. 27. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Not-aiding-victim-basis-for-a-higher-sentence-Wounded-woman-died-from-gunshot-injury A defendant’s act of firing a bullet into an automobile, knowing a person was inside and then failing to render or call for assistance was a form of particular cruelty that justified an upward departure from the presumptive sentence, the Minnesota Court of Appeals has ruled. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/The-dos-and-donts-of-oral-arguments What appellate court judges want — and don’t want — from oral argument can be a mystery, even to experienced practitioners. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Supreme-Court-affirms-DWI-conviction The Minnesota Supreme Court has affirmed the DWI conviction of a man who was found sleeping in his parked car with the keys in the center console. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Attorney-to-be-tried-in-July-on-sex-assault-charges Aaron Biber, a prominent Minneapolis attorney accused of two counts of sexually assaulting a 15-year-old boy, will stand trial July 10 for the alleged crimes. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Taxpayer-may-exclude-part-of-job-settlement A taxpayer whose multiple sclerosis was exacerbated by job stress could exclude from her gross income a portion of the settlement for her hostile work environment claim, the U.S. Tax Court has ruled in reversing a $9,500 deficiency assessment. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Corporate-accountability-courtroom-access-top-AAJs-agenda The nation’s largest trial attorney group has announced that it will focus on boosting consumer protections and promoting corporate accountability as part of its legislative agenda this year. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/US-Supreme-Court-decides-ineffective-assistance-claim Defense counsel in a death penalty case could be deemed to have acted competently even though they decided not to pursue or present evidence of their client’s mental deficiencies, the U.S. Supreme Court has ruled in a 7-2 decision. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Community-resources-are-being-wasted-on-indeterminate-commitments As a forensic psychologist who has been doing assessments of alleged sexually dangerous persons and sexual psychopathic personalities since 1990, I have been concerned about what appears to be a waste of community resources on indeterminate commitments. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Using-jury-reforms-to-help-your-case Americans are an impatient bunch. We hate waiting in line, microwave many of our meals and check our e-mail while driving. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/To-some-attorneys-being-a-Mac-user-is-a-core-value-While-PCs-still-dominate-the-legal-profession-mor For some people a computer is an extension of their personality — a form of expression like a new hair style or car parked in the driveway. To others, a computer is simply a box that is a necessary evil to get through the workday. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Police-open-up-those-laptops-cell-phones Laptops and cell phones are the smoking guns of the new century. They’ve become treasure troves of incriminating evidence for police. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/25/Myths-and-realities-of-law-firm-budgeting One of the most important factors in getting paid is establishing a budget before beginning an engagement. Budgets ensure greater productivity and cost effectiveness for both sides, show clients that you are sensitive to their needs, and reinforce that the firm provides value and not just an hourly block of time. Mon, 25 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Bias-award-over-arrest-upheld-sufficient-to-show-detention-motivated-by-race-Circumstantial-evidence The Minneapolis Police Department is liable for damages for a civil rights violation even though the Minneapolis Commission on Civil Rights based its award on circumstantial evidence, the Court of Appeals has ruled. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Rental-vehicle-company-has-no-vicarious-liability The heirs of a mother and son killed in a one-vehicle accident cannot recover from a rental vehicle company under a theory of vicarious liability because federal law preempts state law and bars their claims, the Minnesota Supreme Court has ruled. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/MWL-bows-out-of-judicial-elections A shakeup in the mission and focus of Minnesota Women Lawyers is being criticized by some members who say the group departed from one of its core functions that provided a valuable public service at a time when it is most needed. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Attorneys-grapple-with-elimination-of-estate-tax The temporary elimination of the estate tax this year is causing headaches for local trusts and estates lawyers. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Local-lawyer-has-developed-a-fertile-niche-area-Steven-Snyder-guides-his-clients-through-the-murky-w Steven Snyder guides his clients through the murky waters of assisted reproductive technologies. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/MSBA-sections-to-begin-certifying-specialists The Minnesota State Bar Association’s Criminal Law and Labor & Employment Law sections will start certifying qualifying attorneys as specialists this year. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Abrams-to-hear-implied-consent-source-code-cases The Minnesota Supreme Court has assigned all the civil implied consent cases challenging the Intoxilyzer source code to 1st Judicial District Judge Jerome Abrams. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Mortgage-transfer-can-be-set-aside-in-bankruptcy A debtor’s pre-petition grant of a mortgage on his home could be set aside as a preferential transfer in his bankruptcy case, the 8th U.S. Circuit Court of Appeals has ruled. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/US-Supreme-Court-rules-in-effective-counsel-case A death penalty defendant wasn’t denied the effective assistance of counsel when his lawyer conceded the gruesome nature of his crimes, the U.S. Supreme Court has ruled in vacating a writ of habeas corpus. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Employment-discrimination-charges-hit-nearrecord-high Workplace discrimination charges filed with the EEOC hit the second highest level ever, according to the latest statistics from the agency. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Online-budgeting-for-young-lawyers No one taught me to budget in law school. I was at a total loss as to how to start paying off student loans and daily expenses, set up a budget and save for my future. That is, until I discovered Mint. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Three-ways-Google-can-help-your-practice More and more, Google is providing new ways to enhance your small law practice. From its e-mail service to its web-based document service to, of course, its search engine, Google has become a popular business buzz word in small offices from coast to coast. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Column-Can-you-really-raise-your-rates-in-2010 As the 2009 holiday season began, I received an e-mail from a lawyer asking if I had a standard letter that his firm could use to inform clients that its hourly rate would increase on Jan. 1. Mon, 18 Jan 2010 23:00:00 CST http://www.minnlawyer.com/article.cfm/2010/01/18/Tanick-Recent-8th-Circuit-appeals-tackle-Minnesota-football-cases The singing slogan used to introduce the National Football League’s games on Monday night television seems to have been adopted as a motif of the 8th U.S. Circuit Court of Appeals Mon, 18 Jan 2010 23:00:00 CST