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for: ‘January, 2018’

The Gavel and the Gridiron: A short history of football law in Minnesota state and federal courts

From lawsuits over fan injuries all the way to NFL antitrust litigation, Minnesota courts have played an important role in a number of football-related disputes. As Minnesota prepares to host Super Bowl LII, this article offers a brief survey of some of the highlights. When Super Bowl XXVI was played in Minnesota 26 years ago, […]

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Finding Fiduciaries

Considerations in choosing and using trustees, directed trustees, and trust protectors Too often the selection of an estate fiduciary is limited to a superficial consideration of which family members are disqualified from acting as trustee. This article discusses considerations relevant to the appointment of trustees, trust advisors, and trust protectors. Counseling clients on the selection of trustees […]

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Could “Public Nuisance” Claims by Private Plaintiffs Foster an Alternate Tort Universe in Minnesota?

Tort law has customarily lived within certain ancient confines, such as the familiar duty, breach, proximate causation and injury elements of a negligence claim. But what if plaintiffs could opt for an alternate tort universe where the time-honored limits to negligence and intentional tort claims did not apply? The potential for such a regime may […]

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The Rise and Fall of the Ponzi Scheme Presumption 

Minnesota case law has undermined its application to state fraudulent transfer claims For many years, the evidentiary shortcuts associated with the so-called “Ponzi scheme presumption” reduced the pleading burden on a trustee with respect to claims seeking to claw back proceeds of fraudulent conveyances. But more recent Minnesota case law has effectively ended that presumption. Going forward, it would seem […]

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RPC Committee proposes petitioning changes to MRPC

The MSBA Rules of Professional Conduct Committee is proposing that the MSBA petition the court for amendments to MRPC 1.6 and MRPC 5.5. These changes are expected to come before the MSBA Assembly in April, after the Lawyers Professional Responsibility Board has had a chance to review the proposed amendments to MRPC 1.6 at its January […]

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Lobbying priorities for 2018

The MSBA’s lobbying priorities for the 2018 Minnesota Legislative session will be to address the constitutional infirmity in the sentencing of juveniles for heinous crimes and to revise the statute of limitations for injury to property occurring prior to the date of substantial completion of an improvement to real property. A third priority will depend […]

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Harassment and attorney ethics

Time’s 2017 Person of the Year was the “Silence Breakers,” women who courageously went public with allegations of sexual misconduct against powerful men. These individuals, and the #MeToo movement they spawned, were honored because they, and the media covering their stories, set in motion a high-velocity cultural shift by effectively “pushing us all to stop […]

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Issue-spotting construction defect litigation: Basic and frequently litigated CD concepts

Construction defect claims generate substantial civil litigation, and no wonder. A single project often requires the coordination of dozens of parties of varying skills, expertise, and sophistication—owners, contractors, subcontractors, design professionals, suppliers, insurers, and lenders—pursuant to multiple, often technical and lengthy contracts and subcontracts, each subject to changes during performance over a protracted time period, […]

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#UberFail

The recent headlines about Uber’s 2016 data breach describe yet another cyber event that left millions compromised and rightfully angry. But yet again, people by and large are not angry that the breach happened, or even necessarily about the large size of the breach, which involved approximately 57 million Uber riders and drivers. Mostly, people […]

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Notes & Trends – January 2018

ADMINISTRATIVE LAW JUDICIAL LAW • Minnesota Supreme Court upholds DHS disqualification “set aside” decision despite contrary ALJ recommendation. A divided Minnesota Supreme Court upheld a decision by DHS to maintain a daycare provider’s disqualification for financial misconduct, despite an ALJ’s recommendation that the disqualification be set aside because the provider did not pose a danger to […]

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