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for: ‘2009’

Arbitration’s Appeal: The Grounds Have Narrowed

The United States Supreme Court decision in Hall Street Associates v. Mattel appears to sound the death knell for challenges to arbitral awards on ground of “manifest disregard for the law.” Circuit courts have reached different conclusions in this regard, but the current state of the law is cautionary if you are considering whether to […]

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Karma, Dogma, Dilemma: Religious Accommodation at Work

As society has become more diverse, conflicts between the requirements of employees’ religion and employers’ business have increased, challenging courts and legislatures to devise reasonable accommodations to satisfy both.  Resulting standards are often fact-driven and difficult to interpret, with result that further litigation seems inevitable.   If it seems like you have been hearing and […]

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The Price of Admission: Liability and Responsibility for Nursing Home Expenses

Caring for elderly relatives and clients has numerous costs, both financial and otherwise, but liability for another’s nursing home expenses isn’t a burden everyone needs to assume.  How you handle the nursing home admission agreement can make a significant difference in determining who’s responsible and what options the parties retain. Whether you advise clients or […]

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Judging Without Lawyers: Not Knowing Makes for Nightmares

Judges want more than anything to make the right decision in the case before them but can’t be comfortable with their decision unless they can be confident they have all relevant information.  Here’s where lawyers’ contribution to justice proves invaluable. When I became a lawyer over 20 years ago I believed in the goodness and […]

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Revisions to the Criminal Rules: A Plainspoken Legacy

Perceiving that Minnesota’s Criminal Rules were in some cases virtually incomprehensible, the advisory committee has proposed the first comprehensive revision in many years. Stylistic revisions and streamlining seek to make the Rules more user-friendly, while every effort has been made to ensure that no substantive changes are made without due deliberation. On April 22, 2009, […]

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Negotiation Ethics

Any attorney will tell you that negotiating sessions are fraught with uncertainties, posturing, and various gambits to persuade the other side to yield.  Who is and who isn’t at the table, who’s representing whom, and how the parties behave are all part of the complex dynamic, but all transpires in the framework of the Rules […]

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The Next Big Step: Appeals to the Minnesota Supreme Court

Minnesota litigants can appeal “as of right” to the Minnesota Court of Appeals, but once that appeal is exhausted, advancing to the Minnesota Supreme Court depends on winning the court’s agreement to accept your case.  Here are tips for convincing the supreme court to exercise discretion and accept your case onto its overcrowded docket. “How […]

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Minnesota’s Legal Safety Net: Many Hands Intertwined

For more than 100 years, Minnesota has been a leader in providing legal services to meet the needs of disadvantaged people unable to afford a lawyer. Many individuals and organizations, including government, attorneys, law firms, and nonprofit organizations are involved in this effort, yet over 75 percent of the legal needs of low-income people are […]

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Judicial Evaluation: The Devil—and the Opportunity—Is in the Details

Support is growing for establishment of a judicial evaluation program in Minnesota to inform the public, aid judges in improving their performance, and foster increasing confidence in the judicial system. Such a program is most likely to succeed if it involves all stakeholders and relies on the expertise of evaluation professionals in design and implementation […]

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Cutting the Cost of Derivative Claims: The Role of the Special Litigation Committee

Shareholder-derivative claims are on the rise as economic turmoil roils the markets and corporate governance draws closer scrutiny from investors suffering significant losses.  Where conflicts of interest may preclude board involvement, a properly constituted special litigation committee offers an efficient and effective way to address derivative claims.  As our country suffers from widespread economic turmoil, […]

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