Yearly Archive
for: ‘2012’

Workplace Defamation Claims in Minnesota

Workplace gossip has moved beyond the water cooler into cyberspace, combining with high unemployment and increasing damages awards—not to mention Minnesota’s somewhat unique theory of compelled self-publication—to heighten the potential for defamation claims arising from the workplace. Anecdotal evidence suggests the use of email and social media is increasing the potential for defamation claims arising […]

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Where Do We Draw the Line?

In the wake of the shooting in Aurora I am sitting here and wondering, who in the heck needs a 100-round magazine for his or her hunting rifle?  I know that asking this question is going to provoke a reaction, and more likely than not, a negative reaction, but I honestly think that as attorneys […]

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How’d You Spend Your Summer Vacation?

Every now and then go away and have a little relaxation. To remain constantly at work will diminish your judgment.  Go some distance away, because work will be in perspective and a lack of harmony is more readily seen. —Leonardo Da Vinci  I don’t consider myself to be a workaholic.  Yet, the last vacation of […]

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Deposing a Client

Preparing your client to give a discovery deposition is actually simple, and falls into two phases. First, be sure your client understands the facts of the case, and particularly that your client knows the documents at issue.  And be sure you have fully and completely disclosed any requested documents to the other side in advance.  Review […]

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Motion Practice

Preparing motions is like taking a trip; it works best when the destination is known at the outset and the journey mapped in that direction.  Therefore, when bringing a motion before a trial court or other judicial body, prepare the pleadings backwards.  Draft the proposed order first, which will provide a sense of direction and […]

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Deposit Requirement

In what may be a little-known municipal law provision, found in Minn. Stat. §415.021, a statutory or home rule charter city or a town, after the adoption of an ordinance, must furnish a copy of the ordinance to the city or town’s county law library or a designated depository.  The city or town may request […]

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MSBA President 2012-13: Bob Enger

Not Out to Change the World If you know anyone living in Bemidji, Minnesota, who is elderly or low-income, chances are they’ve benefited from one of the area programs Bob Enger has been instrumental in building or maintaining—dentistry, housing, legal services, youth at risk—heck, if they’ve needed a transfusion, they might have received his O-negative […]

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Marriage, Equality, and the Minnesota Constitution

A proposed constitutional amendment that would define marriage as “between one man and one woman” would not address problems facing Minnesota families and would be bad for the state’s business climate, argue the authors.  Moreover, the proposed amendment erodes the ideal that a constitution exists to protect the rights of all. In November 2012, Minnesota […]

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Protecting the Rights of All

Over the past ten years, I fell in love with someone very special to me.  We bought a house together.  We share bank accounts.  We are each other’s beneficiaries on our various accounts and insurance policies.  We both love Halloween and Christmas.  We visit one another’s families often.  Our nieces and nephews love both of […]

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Amending Minnesota’s Constitution: Here We Go, Again … and Again

The proposed constitutional amendments on the ballot this fall may add to a rich lore of litigation over changes to the Minnesota Constitution. The pair of constitutional amendments to be voted upon this fall by the Minnesota electorate provides an opportune time to review the legal history of revisions to the Minnesota Constitution. Minnesota voters this November […]

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