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Bridging the Bar’s Generation Gap

Is the Minnesota State Bar Association prepared for the rise of the “millennial generation” in the legal workplace? This year millennials (those born between 1981 and 1996) are projected to surpass baby boomers as the largest generation in the US workforce, according to the U.S. Bureau of Labor Statistics. In contrast to aging baby boomers, […]

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New and Noteworthy

Several developments in the area of professional responsibility have occurred in a fairly short period of time since the start of this year. Each warrants comment but perhaps not an entire column, so this month I’ll address a few marginally related matters under the heading “new and noteworthy.”1 Amendments to the MRPC On February 27, […]

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Notes & Trends – April 2015

BANKRUPTCY JUDICIAL LAW •  Retainer not subject to disgorgement. In an opinion noted as “at the risk of being redundant,” the court held that, in an administratively insolvent case converted from a Chapter 11 to a Chapter 7, there is no statutory provision that allows for the return or disgorgement of a retainer.  Having previously […]

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Meet Lisa Pluto: Going Where the Clients Are

LISA K. PLUTO practices with Pluto Legal, PLLC, based in Tyler.  She is licensed to practice in Minnesota and Iowa and concentrates in Medical Assistance and Estate Planning.  Pluto is a member of the Wealth Counsel, Hennepin County Medical Assistance Committee, Southern Minnesota Estate Planning Council and the MSBA Probate and Trust Law section. How […]

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Torts & Insurance

JUDICIAL LAW •  MUFTA: No Ponzi scheme presumption. In 2009, after a bank failed due to a Ponzi scheme, a court appointed a receiver to recover and liquidate its assets. The receiver commenced an action against other financial institutions under the Minnesota Uniform Fraudulent Transfers Act (“MUFTA”), seeking to claw back payments made to them by […]

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Tax

JUDICIAL LAW •  Sales and use tax: Supreme Court addresses discrimination in interstate commerce and the 4-R Act. For the second time, the U.S. Supreme Court remanded Alabama Department of Revenue v. CSX Transportation to the 11th Circuit without a clear victor in the dispute. At issue in the case is whether Alabama’s taxing regime violates the 4-R […]

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Real Property

JUDICIAL LAW •  Foreclosure reconveyance; good faith purchaser.  During the statutory six-month redemption period after foreclosure, the foreclosed homeowner sold the property to a foreclosure purchaser, as defined in Minnesota Statutes Chapter 325N, with a lease-back agreement and an option to purchase the property back.  The foreclosure purchaser provided the notice of the right to cancel […]

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Federal Practice

JUDICIAL LAW •   Fed. R. Civ. P. 50(a) and (b); lack of particularity; waiver.  Where the defendants moved for judgment as a matter of law at the close of the plaintiffs’ case, but cited only “the plaintiffs’ failure to carry their burden” in support of their motion—and then renewed their Rule 50 motion after the […]

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Environmental Law

JUDICIAL LAW •  Minnesota Court of Appeals upholds MPUC wind contract awards. On February 9, 2015, the Minnesota Court of Appeals rejected a challenge to a decision by the Minnesota Public Utilities Commission (MPUC) approving Northern States Power Company d/b/a Xcel Energy’s (Xcel) petition to purchase wind-powered electricity from four specific companies. The relators—Minnesota-based wind-power companies […]

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Employment & Labor Law

JUDICIAL LAW •  Age discrimination; summary judgment reversed for failure to promote.  Summary judgment dismissing an age discrimination lawsuit brought by a police lieutenant in Eveleth was reversed and remanded for determination whether the 51-year-old claimant was the subject of age discrimination for not being promoted to the position of Chief.  The 8th Circuit Court […]

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