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for: ‘December, 2013’

So You Want to Be a Judge

It’s a rare attorney who has not at some time thought about what it would be like to be a judge, if not actually aspired to the role.  But few who have not already served on the bench understand what that entails, both personally and professionally, or the judicial selection process. If you are reading […]

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Construing Ambiguity: The Changing Shape of Joint and Several Liability

An eight-year-old wheelchair accident and a ten-year-old amendment to Minn. Stat. §604.02 have combined to engender disputes that are now on their fourth visit to Minnesota’s appellate courts. The future of several liability in the state appears to hang on the outcome of the case now before the Minnesota Supreme Court.  Saturday, April 9, 2005 was […]

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Offspring of Camelot’s Demise: The Legal Legacy of JFK’s Assassination

A myriad of changes in the law, spanning criminal procedure, civil rights and employment law among others, were triggered by the death of President Kennedy 50 years ago. Both federal and Minnesota law and practice reflect that legacy. Now that the splurge of media attention to the 50th anniversary of the death of President John […]

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Beware of Ethics Information Overload

Have we run out of useful things to say or write about professional responsibility?  While this question easily could apply to me and this column, in fact, I refer to various entities that have, over the years, regularly issued opinions on topics related to professional responsibility.  I sense a marked decline of such opinions in […]

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‘Tis the Season

I am proud to be a member of the MSBA because of the spirit of philanthropy that is so evident in our districts and our sister organization, the Minnesota State Bar Foundation. In a previous column, I expressed my appreciation for the amazing generosity of MSBA members who self-reported having provided over $17 million worth of […]

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Unexcused Absence

For employees in Minnesota, absences from work make it harder to keep their jobs or, if they lose them, to obtain unemployment compensation benefits.  Four recent rulings of the Minnesota Court of Appeals make the case.  Jusczak v. Lampert Yards, Inc., 2013 WL 5418103 (Minn. App. 09/30/2013) (unpublished) (employees left work and did not return […]

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Recreational Liability Waivers

Every time you sign up a child for a soccer team, or you register for a day at a water park or a night at a pub crawl, you have no doubt signed a waiver of liability for the soccer club or event sponsor. When doing so, have you wondered, “Is this liability waiver actually […]

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Fines and Restitution

If a defendant’s sentence includes both a fine and restitution and the defendant makes one or more payments to court administration, the district court may not apply the defendant’s payments to the restitution obligation before the fine unless the district court previously issued an order that so specified. Since the early 1980s, state court administration […]

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