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Anatomy of a subrogation investigation

A successful subrogation action begins long before a complaint is even filed. A well-executed subrogation investigation will increase your chances of success and may even allow your client to recover without resorting to litigation. Before getting into the anatomy of a subrogation investigation, let’s begin with a definition of subrogation. Subrogation is defined as “[t]he substitution […]

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Meet Tom Leighton: ‘An entirely new legal environment’

TOM LEIGHTON is vice president of content acquisition and judicial relations at Thomson Reuters Legal in Eagan, Minnesota. He started at West Publishing in 1989 as a headnote editor and has had a series of interesting and challenging roles in the succeeding 28 years as the company has evolved. He and his wife Jeanette have […]

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MSBA opposes making cameras-in-courtroom pilot permanent

Acting on a recommendation from the Criminal Law Section, the MSBA filed comments with the Supreme Court in opposition to making the cameras in the courtroom pilot project permanent. The reasoning behind the MSBA position includes these factors: The small sample size of the pilot does not warrant a conclusion that it would be beneficial […]

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Notes & Trends – March 2018

CRIMINAL LAW JUDICIAL LAW • Expungement: Two- and four-year conviction-free period must occur between discharge of sentence and filing of petition. Appellant was convicted in 2000 of misdemeanor and gross misdemeanor harassment restraining order violations. In 2002, he was convicted of third-degree DWI. He filed petitions to expunge the HRO convictions in 2015. At issue […]

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Meet Amanda Heinrichs-Milburn: ‘I saw a need for an outstate voice’

You currently serve on the MSBA Outstate Section council. Tell us about your involvement on the council and any projects or initiatives you’re working on. I saw that there was a need for an outstate voice at St. Thomas, so I founded a student group, the Outstate Practice Cooperative, during my first year at St. […]

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Beyond the travel ban: Headaches for employers

Employment-based immigration under the Trump administration Tune into any news outlet today and no doubt you will hear something about the Trump administration’s crackdown on illegal immigration. You’ll most likely hear about building a wall across the U.S.-Mexico border or proposals on how to address the fate of the so-called “Dreamers,” 800,000 individuals brought to […]

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Stephen Allwine: When crime tries to cover its digital tracks

In late 2016, I was approached by the Washington County (MN) Attorney’s Office to conduct forensic analysis on a number of devices in a homicide investigation. It soon became clear that the case would be one of the most interesting of my career, involving murder-for-hire, religious convictions, insurance money, infidelity, and a distinctly modern element—the […]

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Private discipline in 2017

In 2017, 90 files were closed by the Office of Lawyers Professional Responsibility (OLPR) with the issuance of an admonition, a form of private discipline issued for professional misconduct that is isolated and non-serious.1 This number is down markedly from the 115 admonitions issued in 2016 and, coincidentally, 2015. Additionally, 14 files were closed with […]

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Legal malpractice: MSBA amicus brief

Does reaffirming prior negligent advice restart the statute of limitations clock? The Minnesota Supreme Court recently addressed this question in Frederick v. Wallerich, a case involving a negligently drafted antenuptial agreement. The attorney who drafted the antenuptial agreement continued to advise and represent her client in other matters, including drafting the client’s will. The client […]

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#MeToo as a moment of opportunity

“You look very nice today… Can I still say that?” A male attorney recently said this to me—half-jokingly, but only half. Without a doubt, the sexual harassment reckoning that we have all been witnessing over the past several months has raised a lot of questions. Not so much about the egregious harassing conduct itself, but why […]

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