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for: ‘February, 2011’

Climate Change and the Common Law: Who’s to Pay for Global Warming?

Four cases invoking the public nuisance standard, including one now before the Supreme Court, seek to hold corporations responsible for damages due to their greenhouse gas emissions. Minnesotans are among the defendants and Minnesota law may offer plaintiffs alternative causes of action. With congressional efforts to address climate change at a standstill and greenhouse gas […]

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Befriending Time: Breaking Free from Busyness or Stuckness

Attorneys typically function with one eye on the clock, often juggling competing priorities, demands and expectations, both those they impose on themselves and those they take on from others. Many respond with either perpetual busyness or perpetual stuckness.  Changing some personal practices may enable you to befriend time rather than treat it as an adversary. […]

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Civility Among Lawyers and Judges

Finding something that really wasn’t lost! In the days following the recent tragedy in Tucson some speculated that a possible cause might be the loss of civility in the political process and in public discourse generally.  In other words, that folks have lost the capacity to be civil with one another when their ideologies, positions, […]

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Summary of Admonitions

In calendar year 2010, the Director’s Office resolved 122 files with admonitions that were issued to Minnesota attorneys for isolated and nonserious misconduct.1 Twenty-six lawyers entered into stipulations for private probation that were approved by the Lawyers Board chair;2 these stipulations resolved an additional 34 complaint files.  A summary of the admonitions and private probation […]

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Unemployment Compensation for Owners

A person who owns a business is generally not considered to be eligible for unemployment compensation benefits if there is a lay-off or decline in revenue, or even closure of the business.  But, in some circumstances, an owner may be entitled to unemployment compensation benefits.  Since 2004, Minn. Stat. §268.035, subd. 20, has defined a […]

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Collecting a Judgment

Attorneys representing judgment creditors will inevitably encounter the uncooperative garnishee that provides a less-than-truthful garnishment disclosure.  Entities and persons related to the judgment debtor in particular may falsely state “none” on a nonearnings disclosure form.  The garnishment statute permits the creditor to move for leave to file a supplemental complaint against the garnishee who denies […]

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Means Testing

If you have a client or opposing party who is considering filing a Chapter 7 (liquidation) bankruptcy, don’t forget about the “means test.”  Complex calculations will determine eligibility for a Chapter 7 bankruptcy.  New numbers for the means test went into effect on November 1, 2010, which make it slightly more difficult for many people […]

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