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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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Freeze-Out Mergers and the New Minnesota LLC Act 

Has the Legislature removed a useful dispute resolution tool for LLCs? The Minnesota Revised Uniform Limited Liability Act that will govern all Minnesota LLCs beginning at the start of 2018 contains sweeping changes, and one of the most dramatic involves the elimination of “freeze-out” mergers. This article discusses options for preserving remedies similar to those afforded by […]

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62Q and you! An esoteric procedural no-fault love story

A recent court decision represents a win for everyone involved in the no-fault insurance system except medical providers who fail to follow their statutory procedural obligations. For the first time, there is Minnesota appellate case law that confirms Minnesota Section 62Q.75, subd. 3 means exactly what it says: If a provider fails to follow the […]

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Pet Heir: Understanding Minnesota’s pet trust statute

I recently took an unscientific poll of a group of lawyers and learned the following: Roughly 50 percent read the labels on their pet’s food (but not necessarily on their own); 45 percent share a bed with their pet; a sheepish 20 percent admitted to identifying as mommy or daddy to their animals; an even more […]

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Everything That Rises Must Converge: Integrating spirituality, law, and politics

The Project for Integrating Spirituality, Law, and Politics (PISLAP)—a 20-year-old informal coalition of reform-minded lawyers and law teachers—is at the forefront of what is being called the “integrative law” movement. The group met in Minneapolis this year to plan a major national conference, which will be held in Washington D.C. in October 2018. Spirituality. Law. Politics. […]

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Goodbye to All That: Thoughts on turning 67 and knowing when to quit

The time comes when we should hang it up. Some of us recognize it and go gracefully. Some don’t. I tried two cases with 80-year-old attorneys. In the first, we were local counsel in an employment case between our client, an officer of a student-testing company, and her boss. The issue was whether she quit or was fired. The answer […]

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How Law Firms Can Prepare for Partner Retirement

Facing the realities of an aging partner population It’s no secret that the legal profession is aging. In fact, nearly half of the partners in the nation’s top law firms are baby boomers or members of the older “silent generation,”1 and the same is true in the Twin Cities. Major, Lindsey & Africa’s 2016 Partner […]

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Succession Planning for Small Law Firm Owners: The Associate Buyout

Looking ahead to retirement? Sometimes the answer is already close at hand Small firm owners planning ahead for retirement would do well to consider whether any of the firm’s current associates could fit into their succession planning. This article dispels some common concerns about that approach and suggests a three-stage process for exploring and executing an […]

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