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for: ‘February, 2014’

What Jurors Think About Attorneys

Regardless of the verdict given, what attorney—having argued a case—doesn’t come away wishing for more insight into the minds and perceptions of the jurors?  Given ten years of data from systematic surveys of jurors, some patterns in their responses emerge. Early in my legal career I tried a civil jury case in Hennepin County District […]

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A Question of Identity: Direct v. Derivative Claims in Shareholder/Member Litigation

The idea of derivative claims is founded in corporate law and has significant, practical implications for LLCs, corporations, and sometimes partnerships. Special pleading requirements apply and such claims carry special risks and potential benefits. Many lawyers view the concept of the “derivative claim” as a foreign, technical nuance that they do not anticipate encountering. In reality, the distinction between […]

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Partner With the Judiciary

I am proud to be a member of the MSBA because of its deep and productive relationship with Minnesota’s judiciary. Since its creation over 130 years ago, MSBA has sought to promote a healthy relationship between the legal community and the members of the bench as one of its primary purposes, and that really has never […]

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Summary of Public Discipline

Last year, this column for the first time featured a summary of the previous year’s public discipline decisions,1 in addition to the annual summary of private disciplinary dispositions.  It proved to be a successful endeavor, generating several favorable comments over the year.  Public discipline summaries are regular features in many state’s bar publications, either monthly […]

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Defamation Privileges

Privileges abound in defamation, comprising absolute or conditional defenses to claims of communications that harm the reputation of the subject.  A pending decision of the Minnesota Supreme Court may expand or constrict one of them:  the privilege for statements made during a background investigation of a prospective police officer.  In Minke v. City of Minneapolis, […]

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Divorce & Minnesota Residency

It sometimes transpires that both parties reside in Minnesota and need recourse to the courts for divorce, but are unable to do so because neither party has been here long enough to satisfy the six-month residency requirement for Minnesota to assume jurisdiction under Minn. Stat. §518.07.  In these cases, one solution is to commence an […]

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Stale Charges

Your client plans to travel to another state where there is an outstanding warrant for failure to appear on a traffic charge issued ten years ago.  Is prosecution barred by a statute of limitations?  First, a statute of limitations is a bar to filing a stale charge.  The filing of a criminal charge and arrest […]

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February 2014

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