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Dietzen’s Legacy

Justice Dietzen Retirement Reception Join us as we celebrate Justice Chris Dietzen’s tenure on the Minnesota Supreme Court Wednesday, August 24, 2016 • 5:30-7:30 PM Windows on Minnesota, Minneapolis REGISTER HERE Supreme Court jurist retiring after nearly a dozen years on appellate tribunals The announcement by Justice Christopher Dietzen this spring that he will resign […]

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Deportation proceedings

Aliens face substantial difficulty in deportation cases, known formally as “removal proceedings,” when the government seeks to oust them from this country. Some of the obstacles were reflected in recent rulings of the 8th Circuit Court of Appeals and one by its Minnesota counterpart. Each immigrant lost the right to stay in this country under […]

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Cameras in courtrooms

The implementation of the new cameras-in-the courtroom policy by the state courts is off to a slow start. Approved in August by the Supreme Court, the initiative went into effect in November. It removes some long-established restrictions on cameras and other video and audio recording devices in Minnesota state court proceedings, but their usage remains […]

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Arbitration Appeals

Although described as a means of Alternative Dispute Resolution (ADR), arbitration occasionally is a precursor to litigation. A pair of recent rulings in the federal and state courts reflects this tendency, and highlight some strategies and pitfalls for parties and their lawyers. Both cases upheld the arbitral awards in management-labor cases, one favorable to the […]

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Ground Zero for Overtime Compensation Disputes

Wage-and-hour claims constitute a rapidly growing genre of litigation, and this federal jurisdiction is becoming ground zero for it. A pair of recent rulings of the 8th Circuit, as well as another 8th Circuit case to be heard soon by the U.S. Supreme Court, reflect this trend as well as some peculiar aspects of it. […]

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Student Gets Schooled In Unemployment Compensation Law

As students join teachers and administrative personnel and staff in flocking back to public and private schools in Minnesota to begin the 2015-2016 academic year, they can learn from a recent ruling of the Minnesota Court of Appeals. In a mid-summer decision, the appellate court upheld denial of unemployment compensation benefits by the Department of […]

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Advice-of-Counsel Defense Extended

A ruling earlier this year by the Minnesota Supreme Court may have significant impact on the way lawyers interact with and advise clients in this state. In Sysdyne Corp. v. Rousslang, 860 N.W.2d 347 (Minn. 3/4/2015), the Court narrowly affirmed a ruling of the court of appeals immunizing a company from liability for tortious interference […]

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“Misconduct” in Employment Cases

Failing to show up at work can be fatal to an employee’s job stability and entitlement to unemployment compensation benefits, as well.  A pair of recent concurrent rulings of the Minnesota Court of Appeals reflect the obstacles that discharged employees face in obtaining these benefits.  In Luhman v. Red Wing Shoe Co., 2015 WL 134211 […]

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Legal Lore of the Civil War

The 150th anniversary of the war’s end offers a reminder of Minnesota’s role in the case that made the Great Conflict inevitable. The 150th anniversary of the end of the Civil War is being celebrated in Minnesota and elsewhere over the coming month. The conflict between the states effectively concluded on April 9, 1865, with the surrender […]

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SLAPP Suits

More than 30 states, including Minnesota, recognize the right of a defendant to raise as a defense that its underlying behavior was aimed at securing favorable action by a public body.  Designed to deter SLAPP (strategic litigation against public participation) suits, the Minnesota law that immunizes conduct directed to obtaining favorable government action (Minn. Stat. […]

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