Yearly Archive
for: ‘2007’

Focusing the Penalty: New Limits on Punitive Damages

The latest in a series of United States Supreme Court cases limiting punitive damages forbids a state from using a punitive damages award to punish a defendant for harm inflicted on nonparties and charges state courts with responsibility, if requested, for shielding defendants from the risk that the jury might award punitive damages for harm […]

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Judicial Selection in Minnesota: A Special Report

On March 26, 2007, the Citizens Commission for the Preservation of an Impartial Judiciary (“Quie Commission”) released its report and recommendations concerning the method by which Minnesota judges should be selected in the wake of the United States Supreme Court decision in Republican Party of Minnesota v. White. The full text of the report, including the membership, minority […]

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Targeted Advertising: Getting the Cases You Want

In display ads, lawyers often include every type of case they handle — or every service they provide.  (And certainly, it’s important to offer a detailed list of services in your marketing materials so prospects clearly understand what you do.) Still, if you’re seeking specific types of cases, you’re in a stronger position when you advertise […]

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40 Years of 8th Circuit Jurisprudence: Highlights in the Career of Judge Gerald Heaney

Judge Gerald Heaney’s retirement from the 8th Circuit Court of Appeals last August placed the capstone on his 40 years of service on the appellate court, an era in which his decisions shaped the law governing interstate commerce, public education, freedom of expression, and discrimination, among other matters. The recent retirement of Judge Gerald Heaney of Duluth […]

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Coping with the Couple-Client

Attorneys often encounter couples or groups who present themselves as having common interests in a matter for which they seek representation. The prudent attorney will take care to clarify at the outset who is the client. Failure to do so risks running afoul of the ethics board, and may have additional consequences. The “couple-as-client.” Whether you […]

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Opportunity for All or Pandora’s Box?

Selling civil legal services a la carte — “unbundling” — is touted as offering opportunities for attorneys, clients and the courts but pitfalls remain for the unwary and the response of the public and profession remains to be seen. Francis “Frank” Connolly, presiding judge in the 4th Judicial District’s civil division, says the explosion of […]

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Amending the Constitution: History and Hysteria

The Transportation Amendment to the Minnesota Constitution, which was put to the voters last fall following a contentious detour through the court system, is but the latest instance in a legacy of litigation involving constitutional amendments in Minnesota. Last year’s proposed amendment to the state constitution to increase transportation funding attracted a majority of voters […]

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Minding Medicare’s Interests: It May Preserve Your Fiscal Health

Rising health care costs coupled with growing concern for the fiscal health of Medicare and Social Security have heightened federal authorities’ interest in controlling Medicare costs. Parties must reasonably consider Medicare’s past and future interests when settling a claim in the areas of general liability, automobile liability and workers compensation or risk action by the […]

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