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for: ‘September, 2011’

Sexual Harassment

A claim under the Minnesota Human Rights Act for sexual harassment, must relate to conduct that is “sexual” in nature, not simply gender-based.  The Minnesota Court of Appeals recently made that point, in an unpublished decision, upholding summary judgment by the Sherburne County District Court of a lawsuit brought by an employee who asserted that her […]

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Committee 36: Ensuring Our Future

Recently, I had the great pleasure of speaking to the incoming first-year class at two of Minnesota’s fine law schools.  The energy of the first gathering of the students, prior to the first class, was palpable.  The moment brought me back to the day before my first day of law school and my mixed emotions […]

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36- & 48-Hour Rules

Whenever an adult suspect is taken into custody following a warrantless arrest, the suspect must be brought before a judge or judicial officer without unnecessary delay and in any event, not more than 36 hours after arrest. In misdemeanor cases, a defendant who is not brought before a judge within the 36-hour limit must be […]

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Pensions & Divorce

Having trouble getting the opposing party in a divorce to either provide accurate pension information or sign an authorization releasing her pension information to you?  No problem.  You don’t actually need her cooperation.  All you need to do is read and follow Minn. Stat. §356.49.  Section 356.49 requires public and private pension plan administrators to […]

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The Common Law of Morrison County

Former Minnesota Supreme Court Justice John E. Simonett passed away in July after long service to both the bench and bar of Minnesota.  His scholarship, humor, and affection for this state and its people will not soon be forgotten and are embodied in this article, which we reprint by permission. Ed. “There are three great […]

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What Great Writers Can Teach Lawyers and Judges

Wisdom from Plato to Mark Twain to Stephen King Legal writing is undeniably distinct from other forms of the written word, and not always to its credit.  Great writers over the centuries, both by instruction and by example, show how good writing and legal writing may yet coexist. “Writing,” said lawyer Abraham Lincoln in 1859, is “the great […]

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Gift of LLC Interests

A common estate-planning tool is to transfer interests in limited liability companies (LLCs) to family members by gift or sale either outright or in trust. If the LLC (even a Minnesota LLC) owns California real estate, however, a transfer of the LLC interest may trigger adverse tax consequences. California Board of Equalization Property Tax Rule 462.160 […]

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Client Security Board

“Client Security Board Approves Claims.”  So reads the standard headline to the press release issued by the Minnesota Client Security Board (CSB) following one of its quarterly meetings.  This flat, nondescriptive statement hardly does justice to the workings of the board, the volunteers who serve on it, or the staff hours that this office provides to […]

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