Minnesota Lawyer Legal News

Toyota litigation accelerates

Mon, 22 Mar 2010 23:00:00 CDT

So far, only about a dozen personal injury and wrongful death suits has been filed in the Toyota sudden acceleration litigation.

Investors should be wary of private placements

Mon, 22 Mar 2010 23:00:00 CDT

Recently the state securities regulator for Massachusetts filed an administrative complaint against Securities America in connection with its sales of promissory notes issued by special purpose corporations wholly owned by Medical Capital Holdings, Inc. (“Medical Capital”). Securities America has denied the allegations of the complaint.

Column: Revisiting client visits

Mon, 22 Mar 2010 23:00:00 CDT

I have often written about the importance of meeting with and talking to your clients. As business starts to show hints of thawing and warming up, now is a good time to revisit the issue of client visits.

A dispute may be in the pipeline between state, Xcel

Mon, 22 Mar 2010 23:00:00 CDT

The Minnesota Office of Pipeline Safety, the state agency investigating a gas explosion that blew up a St. Paul home, is growing frustrated with Xcel Energy and says the company could be doing a better job pulling together documents for the investigation and working to solve the problem that caused the explosion.

Unsavory offers, witnesses - lawyers dish

Mon, 22 Mar 2010 23:00:00 CDT

When Minneapolis criminal defense attorney Jon Hopeman was approached by a man who said that for $250,000 he could make the case against Hopeman’s client, disgraced businessman Tom Petters, “go away,” Hopeman immediately contacted the federal prosecutors on the case.

Murder of parent allows but does not require TPR

Mon, 22 Mar 2010 23:00:00 CDT

The Court of Appeals has come close to establishing a bright-line rule for termination of parental rights – but stopped short of actually doing so.

Consent decree approved in pregnancy case

Mon, 22 Mar 2010 23:00:00 CDT

Chief Judge Michael J. Davis of U.S. District Court in Minneapolis has approved a consent decree settling a pregnancy discrimination lawsuit filed by the Equal Employment Opportunity Commission against St. Paul-based White Way Cleaners.

Confrontation Clause rights denied, Supreme Court orders retrial

Mon, 22 Mar 2010 23:00:00 CDT

The Minnesota Supreme Court has determined that the admission of grand jury testimony of a potential state witness who expressed reluctance to testify at trial, was released from a subpoena and did not testify at trial, violated the defendant’s Confrontation Clause rights.

Bill looks at role of pets in domestic abuse

Mon, 22 Mar 2010 23:00:00 CDT

State lawmakers are considering a bill that would extend domestic violence protections to pets.

PACER access to be wider and cheaper

Mon, 22 Mar 2010 23:00:00 CDT

The Judicial Conference has approved measures aimed at making federal court documents more widely available at a lower cost to the public.

ABA sides with law school

Mon, 22 Mar 2010 23:00:00 CDT

In a Supreme Court battle between the right of a law school to enforce rules barring discrimination and students’ First Amendment right to free association, the American Bar Association has taken the side of the law school.

Timing, breadth of Pawlenty cuts draw notice

Mon, 22 Mar 2010 23:00:00 CDT

Minnesota Supreme Court justices quoted from the dictionary, the state constitution and law books last week as they considered whether to leave intact $2.7 billion in budget cuts made by Republican Gov. Tim Pawlenty.

Loken to step down as 8th Circuit chief judge

Mon, 22 Mar 2010 23:00:00 CDT

James Loken is stepping down as chief judge of the 8th U.S. Circuit Court of Appeals at the end of the month. The Minneapolis-based Loken will remain in active service. But he’ll be succeeded as chief judge by William Jay Riley, of Omaha, Neb.

Ex-prosecutor rebuffs plea in photo case

Mon, 22 Mar 2010 23:00:00 CDT

Jason Rolloff may have been relieved from his duties as a Morrison County prosecutor, but that didn’t stop him from doing a little legal work last week.

Law examiners discuss expanding bar exam eligibility

Mon, 22 Mar 2010 23:00:00 CDT

With a sizeable number of unemployed law grads in the state, it seems counterintuitive to change the bar exam rules to allow more people to sit for the test. But that’s what was on the agenda at a public meeting of the Board of Law Examiners in Duluth last week.

Connollys Corner: Outtakes from the Hennepin Bar Foundation benefit

Mon, 22 Mar 2010 23:00:00 CDT

U.S. District Court Judge Anne Montgomery stopped in on her way to Tanzania, where she is teaching African prosecutors the fine art of witnesses giving live testimony. They rely now only on reading aloud from what is submitted in writing. Later, Tom Johnson, Gray Plant, mentioned that his son, Ben Johnson, is in Tanzania working with Global Volunteers. Our paths weave.

Bar Buzz - March 22

Mon, 22 Mar 2010 23:00:00 CDT

Is God in charge of the appointment of the next chief justice?

Recipe for a new chief justice

Mon, 22 Mar 2010 23:00:00 CDT

The news that Minnesota Supreme Court Chief Justice Eric Magnuson is stepping down on June 30, 2010, came as a shock to the state’s legal community. Practitioners immediately began to speculate on the motivation for his departure, but Magnuson has said only that he’s resigning for personal reasons. We learned shortly after the announcement that the chief will return to private practice at his old firm, Briggs & Morgan, once he leaves the bench.

Courts losing a staunch advocate in Magnuson

Mon, 15 Mar 2010 23:00:00 CDT

Magnuson’s announcement that he would step down on June 30 came as a surprise to many.

JAGs back from Iraq settle back into practice

Mon, 15 Mar 2010 23:00:00 CDT

More than a year ago, a dozen local Minnesota Army National Guard JAG officers were deployed to Basra, Iraq, to participate in the 34th Red Bull Infantry Division’s mission to help transition responsibility for security to the Iraqi Security Forces and assist the Iraqis in building civil capacity.

State OK not needed for jury waiver

Mon, 15 Mar 2010 23:00:00 CDT

The Minnesota Constitution doesn’t require that prosecutors consent to a defendant’s request to waive a jury trial, the Minnesota Supreme Court has ruled.

Jury instruction on DUI test refusal misstates law

Mon, 15 Mar 2010 23:00:00 CDT

Merely asking a police officer to explain why he or she believes a person is driving under the influence does not establish probable cause under the statute making it a crime to refuse a blood alcohol test, the Court of Appeals has ruled.

Petters prosecutors seek life sentence for fraud

Mon, 15 Mar 2010 23:00:00 CDT

Federal prosecutors are seeking a life sentence for Minnesota businessman Tom Petters, who was convicted of orchestrating a $3.5 billion Ponzi scheme.

Bill could quicken handover of public data

Mon, 15 Mar 2010 23:00:00 CDT

The quest for public information may soon take less time in Minnesota.

Judge orders Schwans to comply with subpoena

Mon, 15 Mar 2010 23:00:00 CDT

U.S. District Court Magistrate Judge Janie S. Mayeron last week ordered Minnesota-based Schwan’s Home Service to comply with a federal government subpoena by March 29, 2010.

TechShow to feature trends in data security, e-discovery

Mon, 15 Mar 2010 23:00:00 CDT

The 24th annual American Bar Association TechShow this month will feature trends in data security, e-discovery, virtual law practice and social media strategy.

Bankruptcy lawyers are debt relief agencies

Mon, 15 Mar 2010 23:00:00 CDT

The U.S. Supreme Court ruled last week that bankruptcy attorneys are “debt relief agencies” under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and are therefore subject to its regulations.

SCOTUS to hear military funeral protest case

Mon, 15 Mar 2010 23:00:00 CDT

U.S. Supreme Court has agreed to decide whether the First Amendment rights of protesters trump the privacy rights of those attending the funeral of a U.S. Marine who was killed in Iraq.

Column: What is professional dominance worth to you?

Mon, 15 Mar 2010 23:00:00 CDT

California has new rules as of January 2010. Doctors who are part of an HMO will be required to treat patients within 10 business days of the patient’s phone call; and patients seeking urgent care that does not require prior authorization must be seen within 48 hours.

Panelists at St. Thomas discuss war crimes prosecutions

Mon, 15 Mar 2010 23:00:00 CDT

Before he helped prosecute and convict Tom Petters for running a Ponzi scheme in Minnesota, assistant U.S. attorney John Docherty worked on the international stage pitted against a Bosnian Serb general accused of war crimes during the siege of Sarajevo in the former Yugoslavia.

Tanick: St. Patricks suits have impact in Minnesota

Mon, 15 Mar 2010 23:00:00 CDT

St. Patrick’s Day, which falls on Wednesday this week, is a day of mirth, merriment, parades and pageantry for those of Irish descent. But it also has been characterized by its share of litigation affecting Minnesotans of all types of heritage.

Is civil rights claim vs. government doctors pre-empted?

Mon, 15 Mar 2010 23:00:00 CDT

The U.S. Supreme Court recently heard oral arguments in a case that considers whether federally employed doctors and hospital staff members are insulated from lawsuits claiming violation of civil rights as well as medical malpractice.

Letter to the editor: HCBA responds to Ed Polls column about bar groups

Mon, 15 Mar 2010 23:00:00 CDT

I was both surprised and disappointed that the Minnesota Lawyer would print without comment in your March 8th issue the article “Big Brother and bar associations,” by Edward Poll.

Letter to the editor: MSBA responds to Ed Polls criticism of bar groups

Mon, 15 Mar 2010 23:00:00 CDT

I am not certain of the intent of Ed Poll’s column (“Big Brother and bar associations: Bar groups provide many benefits, but are the burdens worth it?”) in last week’s issue of Minnesota Lawyer. He complained that the Massachusetts and, principally, the California bar associations provide too little benefit to lawyers and spend too much time being a public advocate. If his column was intended to convince Minnesota attorneys not to go to California or Massachusetts, that is fine. If, however, he was attempting to condemn the Minnesota State Bar Association, along with the actions of one or two other bar associations, he is just simply wrong.

Kubacki: Preservation duties after Pension Committee

Mon, 15 Mar 2010 23:00:00 CDT

U.S. District Court Judge Shira Scheindlin of the Southern District of New York issued an opinion in January 2010 that is certain to leave a long-standing impact on the legal industry. The decision, Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, provides parameters around conduct and culpability levels in the context of evidence spoliation that may result in sanctions.

Source code debate brings together state, fed benches

Mon, 15 Mar 2010 23:00:00 CDT

The blowback from the source code settlement between the state and the maker of the Intoxilyzer continues in state and federal court.

Expert privilege in federal cases may soon be expanded

Mon, 15 Mar 2010 23:00:00 CDT

A proposed change to the Federal Rules of Civil Procedure would make it easier for attorneys to protect their communications with expert trial witnesses.

Column: Big Brother and bar associations

Mon, 08 Mar 2010 00:00:00 CDT

Some months ago, in response to a reader inquiry, I came across two interesting statistics. The Massachusetts Bar Association’s Journalist’s Handbook describes the MBA as “one of the largest voluntary bar associations in the United States,” and the MBA Web site “Fast Facts” says the organization has some 14,000 members statewide.

Defenders upset over selection of new appellate division chief

Mon, 08 Mar 2010 00:00:00 CDT

Almost immediately after Merchant was hired, several attorneys in the appellate division fired off letters of protest to the board and state legislators begging the board to reconsider its decision.

Tips for team blogging: Setting the ground rules

Mon, 08 Mar 2010 00:00:00 CDT

Once your firm launches its blog, the inevitable question arises: who will write it?

Halleland departs old firm to build a new national one

Mon, 08 Mar 2010 00:00:00 CDT

Many in the legal community were taken off guard when the news came a couple of weeks ago that Keith Halleland was leaving the Minneapolis firm of Halleland Lewis Nilan & Johnson to launch a new firm.

Toyota crash case going civil

Mon, 08 Mar 2010 00:00:00 CDT

With jailed driver seeking release, victims’ family poised to sue car maker over 2006 crash.

Column: Lessons from the Legal Tech show in New York City

Mon, 08 Mar 2010 00:00:00 CDT

The high points of the year for legal technology enthusiasts are New York Legal Tech, produced by the American Lawyer Meddia folks, and Tech Show, put on annually in March in Chicago by the American Bar Association.

Column: Reviving the Privileges or Immunities Clause

Mon, 08 Mar 2010 00:00:00 CDT

The U.S. Supreme Court last week heard oral arguments in McDonald v. City of Chicago, an important gun control case. But to many constitutional law scholars, whether the high court decides to uphold or strike down Chicago’s gun control law is secondary. Far more important is whether the Supreme Court decides the case under the right part of the 14th Amendment to the Constitution.

Commentary: Hairs the scoop - Your grooming is personal

Mon, 08 Mar 2010 00:00:00 CDT

As Minneapolis city council president Barbara Johnson learned last week, politics can be hairy, but that doesn’t mean campaign contributions can be used to cover the cost of your coiffure.

Appellate court makes hash out of $236M spam verdict

Mon, 08 Mar 2010 00:00:00 CDT

Minneapolis lawyer succeeds in getting massive verdict against client overturned.

Firms waking up to the possibilities of cloud computing

Mon, 08 Mar 2010 00:00:00 CDT

Tech-savvy lawyers predict that cloud computing will become the norm in the legal community, perhaps even within the next decade.

U.S. Supreme Court rules in violent felony case

Mon, 08 Mar 2010 00:00:00 CDT

A defendant’s prior conviction for simple battery under state law didn’t justify an enhanced sentence under the federal career offender statute, the U.S. Supreme Court has ruled in vacating a sentence.

Study confirms young lawyers satisfied with career choice

Mon, 08 Mar 2010 00:00:00 CDT

The latest set of findings from “After the JD,” the first national study of lawyer careers, reveals that young lawyers often change jobs and are satisfied with their careers and in their decision to become a lawyer.

FTC appeals red flags ruling

Mon, 08 Mar 2010 00:00:00 CDT

The Federal Trade Commission has appealed a U.S. District Court decision that said regulations designed to combat identity theft cannot be enforced against attorneys.

MSBA to hold mock trial championship

Mon, 08 Mar 2010 00:00:00 CDT

The State Mock Trial Championship will be held this week at the Hennepin County Government Center.

Fredrikson starts Fargo office with five from Dorsey

Mon, 08 Mar 2010 00:00:00 CDT

Three partner-level attorneys and two associates from Dorsey & Whitney’s Fargo office have left the firm to form an office for Fredrickson & Byron in the North Dakota city.

Ignition interlocks may be the next big thing in DUI cases

Mon, 01 Mar 2010 00:00:00 CDT

You would think that Edward Cohen Jr., as a person who stands to benefit financially from the legislation, would be over the moon about the proposed changes to Minnesota’s drunk driving laws being debated in St. Paul this session.

Tanick: Lesson for employees - Quit job, lose unemployment benefits

Mon, 01 Mar 2010 00:00:00 CDT

The past year experienced a record number of unemployment compensation claimants. The number of Americans receiving jobless benefits exceeded 20 million, comprising about 6 percent of the total population. While unemployment hovered at about 10 percent of the adult work force as the new decade began, nearly five million Americans were drawing unemployment benefits.

Deconstructing the I-35W bridge contract

Mon, 01 Mar 2010 00:00:00 CDT

High court considers whether MnDOT acted legally in picking a contractor to replace collapsed bridge.

Upward departure OKd in malicious punishment case

Mon, 01 Mar 2010 00:00:00 CDT

Criminal defense attorneys are concerned that a decision from the Court of Appeals last week will encourage prosecutors to begin seeking more upward sentencing departures.

Certified interpreters in short supply throughout court system

Mon, 01 Mar 2010 00:00:00 CDT

As the number of non-English speaking Minnesota residents continues to rise, so does the number of interpreters needed to assist them with legal proceedings. Practitioners say that the number of certified interpreters isn’t keeping pace with the need.

Justices consider Equal Access to Justice attorney fees

Mon, 01 Mar 2010 00:00:00 CDT

During oral arguments last week, the justices of the U.S. Supreme Court seemed disinclined to rule that attorney fees are awarded to lawyers instead of to clients – meaning the government can offset the amount against the client’s outstanding debts.

U.S. Supreme Court issues rulings on preemptories, corporate jurisdiction

Mon, 01 Mar 2010 00:00:00 CDT

A trial judge ruling on an objection to a peremptory strike of a juror can consider race-neutral “demeanor-based” explanations for the strike, even though he did not personally witness the juror’s demeanor, the U.S. Supreme Court has ruled in a per curiam decision.

East Coast e-discovery ruling gives insight on errors, sanctions

Mon, 01 Mar 2010 00:00:00 CDT

Lawyers across the country are looking for insight and guidance on proper sanctions for e-discovery errors in a recent opinion from a U.S. District Court in New York.

Column: Half a case may be better than none

Mon, 01 Mar 2010 00:00:00 CDT

The impact of the recession on the legal profession has been felt the most by many of the nation’s 1 million-plus lawyers who are sole practitioners or members of small firms.

Ethics: Expunction of disciplinary files

Mon, 01 Mar 2010 00:00:00 CDT

When a lawyer has a complaint filed against him or her, and no discipline is warranted, does the Office of Lawyers Professional Responsibility retain that file forever? No.

Finalists announced for Ramsey County judgeship

Mon, 01 Mar 2010 00:00:00 CDT

The finalists for a 2nd Second Judicial District trial court bench vacancy were announced last week.

Stephanie Ball to chair merit selection panel

Mon, 01 Mar 2010 00:00:00 CDT

Duluth attorney Stephanie Ball has been appointed to chair a merit selection panel that will advise the U.S. District Court on the selection of a new magistrate judge to be assigned to the Duluth courthouse.

Justices of U.S. Supreme Court find Miranda warning adequate

Mon, 01 Mar 2010 00:00:00 CDT

A Miranda warning given by Florida officers indicating the right to an attorney “before” questioning adequately informed the defendant of his Fifth Amendment rights, the U.S. Supreme Court ruled last week.

Rights of the living dead: Zombies win appeal

Mon, 01 Mar 2010 00:00:00 CDT

The 8th U.S. Circuit Court of Appeals last week resurrected a lawsuit brought by a group of “zombies” who say they were wrongfully arrested while protesting consumerism during the 2006 Aquatennial.

Liberian peace activist to speak at Womens Day celebration

Mon, 01 Mar 2010 00:00:00 CDT

The keynote presentation at the 15th Annual International Women’s Day Celebration will be delivered by Leymah Gbowee, a former trauma counselor in Liberia who founded and is now executive director of Women Peace and Security Network-Africa.

U.S. Supreme Court adopts test for diversity jurisdiction

Mon, 01 Mar 2010 00:00:00 CDT

A corporation is a citizen of the state where its “nerve center” is located for the purpose of establishing federal diversity jurisdiction, a unanimous U.S. Supreme Court has ruled in vacating a remand order.