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Websites, social networks, email, text messaging, computer-generated or stored documents — these new communications technologies challenge evidentiary rules grounded in a more tangible former reality. Authentication of such evidence is perhaps the most difficult challenge as courts seek to determine its admissibility. Due to the enormous growth in electronic correspondence, electronic writings (also known as e-evidence) have […]
As the Affordable Care Act takes effect this month two lawsuits, pending in the Eastern District of Oklahoma and the D.C. District, challenge whether premium subsidies can be distributed through federal (as well as state) exchanges. While plaintiffs’ challenge is by no means assured of success, the potential implications of such an outcome underscore the uncertainty attending implementation of the […]
I am proud to be a member of the MSBA because of its comprehensive commitment to expanding access to justice for people across Minnesota. Recently, the MSBA’s Council explored what it understands the phrase “access to justice” to mean. We observed that, this simple phrase contains (at least) two distinct yet critical elements: access, and justice—justice, […]
As incredible as it sometimes seems to me, I joined the Office of Lawyers Professional Responsibility as a staff attorney (then, as now, entitled an assistant director) in September 1984, after a short time in private practice. It is now September 2013 as I write this. How time flies! Also then as now, the director […]
The Servicemembers Civil Relief Act (formerly known as “The Soldiers and Sailors Civil Relief Act of 1940”) provides that service members involved in civil litigation can request a delay in proceedings if they can show their military responsibilities preclude their proper representation in court. When requested, courts will generally grant a temporary delay (a stay) […]
According to a British study, it takes us over a minute to recover our focus after checking email. That means if you check your email every five minutes or so, you are spending over eight hours a week trying to recover your focus. That’s one more good reason to stay on task! To get back […]
One of the many significant changes made in the amended worker’s compensation law, which went into effect earlier this year, expands the occupational diseases covered by the system to include “mental impairment,” which is defined as a “post-traumatic stress disorder.” Employees with such afflictions may have claims in the alternative for coverage under employer-provided or […]