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for: ‘July, 2013’

July 2013

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MSBA President 2013–14: Phil Duran

  Moving Mountains, One Stone at a Time In some ways, Phil Duran’s story is a tale of contrasts and dualities. Although he’s the first Gen-Xer to hold the president’s office for the Minnesota State Bar Association, he’s arguably the least likely Bar officer to embrace new technologies. He’s a lawyer who rarely wears a […]

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Lien In: The Use and Abuse of Marital Liens

The Great Recession of the past five years shed harsh light on the limitations of marital liens when certain liens became worthless as home equity vanished. Learning from that experience can help practitioners draft, perfect, and enforce marital liens, helping ensure that the equitable intent of the liens is realized.  For years, the marital lien […]

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Demystifying the Contract for Deed: New Legislation Aids Home Purchasers

New contract-for-deed legislation passed in the last session of the Minnesota Legislature empowers consumers to make more informed home purchase decisions, requiring disclosures by certain “serial” contract-for-deed sellers and amending the injunction statute as regards cancellation of contracts for deed. The 2013 Minnesota legislature has passed a new contract-for-deed disclosure statute applicable to sellers who frequently sell residential real […]

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A Matter of Pride

If you are reading this, you are likely a member of the MSBA.  As an MSBA member, you naturally have read and memorized the organization’s bylaws.  Being able to recite the bylaws, in their entirety, on command, you naturally enough know that every fourth year the incoming president is a person nominated by the MSBA’s […]

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Frivolous Litigation

Frivolous litigation is one of those areas in the law where we “know it when we see it,” even if we cannot provide a perfect definition.  Everyone has heard anecdotal stories of cases that get labeled as the most frivolous lawsuits of all time, some accurate (there was indeed a lawsuit filed against McDonald’s for […]

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NEW WAY TO CONNECT

From the Editor: As many of you likely have already realized, MSBA has upgraded its management systems to include a new website and mechanisms whereby members can more directly manage their membership account and access MSBA services.  Here’s a brief list describing what you can do using the new site and how it can be […]

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The Fool-Proof Hearsay Test

Many hearsay objections can be summarily resolved by first applying the definition of hearsay to the out-of-court statement.  On close examination, in many cases, statements that appear to be hearsay actually are not. Making that initial determination involves three steps: Step One—First Determine: Is the statement being offered actually “hearsay” and therefore not admissible unless […]

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Employment Retaliation

Proving retaliation by employers against employees has become easier under state law and more difficult under federal law as a result of two recent developments. In Minnesota, the whistleblower statute, Minn. Stat. §181.932, has been amended, enlarging the rights of employees who claim to be subjected to reprisals for reporting improprieties to management. Major changes […]

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