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Labor Arbitration

Modifications in the Uniform Arbitration Act, in force for nearly 60 years in Minnesota, can affect the outcome of litigation related to that form of Alternative Dispute Resolution (ADR). The significance of the impact was reflected earlier this year in Education Minnesota Inver Grove Heights Local 1718 v. Ind. Sch. Dist. # 199 (Inver Grove […]

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Driving Record

The adverse impact of a negative driving record on a person’s employment was underscored earlier this year in a ruling of the court of appeals overturning a lower court order to reinstate a discharged military veteran. In Maire v Ind. Sch.Dist. #191, (Burnsville), 2013 WL 1705043 (Minn. App. 2013) (unpublished), the Minnesota Court of Appeals  […]

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Adieu to Justice Anderson

The retirement in May of Justice Paul Anderson, from the Minnesota Supreme Court, upon reaching the mandatory retirement age of 70, caps a remarkable and revelatory judicial career. A graduate of Macalester College in 1965 and the University of Minnesota Law School, Justice Anderson was an attorney for VISTA, on the staff of the Minnesota […]

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FMLA Notice

Wmployees seeking to activate their rights under the Federal Family & Medical Leave Act (FMLA) to take time off from work for medical reasons must give timely notice of their request for leave of absence.  A recent ruling of the 8th Circuit Court of Appeals underscores the need for compliance with the timeliness requirement.  In […]

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Veterans’ Rights

Military veterans and some of their spouses had a new statute to celebrate on Veteran’s Day last November.  They may obtain preference in hiring and promotions in the private sector under a new law enacted in the last legislative session.  The measure authorizes private sector employers to grant unspecified “preference” in hiring and promotion to […]

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Trial by Jury: Arduous Attempts to Appropriate and Avert

Recent rulings by the federal & state courts in Minnesota have generally expanded, and occasionally constricted, the constitutional right in criminal and civil cases. Trial by jury, a fundamental and nearly unique feature of the American judicial system, may seem like an anachronism.  Fewer than 10 percent of all criminal cases and no more than […]

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Motion Practice

Preparing motions is like taking a trip; it works best when the destination is known at the outset and the journey mapped in that direction.  Therefore, when bringing a motion before a trial court or other judicial body, prepare the pleadings backwards.  Draft the proposed order first, which will provide a sense of direction and […]

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Amending Minnesota’s Constitution: Here We Go, Again … and Again

The proposed constitutional amendments on the ballot this fall may add to a rich lore of litigation over changes to the Minnesota Constitution. The pair of constitutional amendments to be voted upon this fall by the Minnesota electorate provides an opportune time to review the legal history of revisions to the Minnesota Constitution. Minnesota voters this November […]

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Unemployment for Students

Individuals who are attending school usually learn an unpleasant lesson when they seek unemployment compensation benefits after losing a job.  The pitfall they typically encounter is Minn. Stat. §268.085 subd. 1(4), which requires that applicants be “available for suitable employment.”  Another provision hinges a student’s eligibility on willingness to discontinue classes in order to accept […]

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Employee Retaliation Claims

Retaliation claims in the workplace have gained prominence in recent years at both federal and state court levels.  While recent federal rulings have tended to favor employees, Minnesota state court decisions have treated retaliation claims more skeptically. As the United States Supreme Court returned to work last month to begin its 2011-12 term, on the […]

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