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 …

As any lawyer who has advertised landlord-tenant services knows, calls from tenants tend to be unproductive. This is because most landlord-tenant problems boil down to money, and most of the time, tenants are better off spending their money on rent, not on a lawyer. Bigger problems, unfortunately, do not usually make good contingent-fee cases. Anyone …

Heartfelt appeals to help somebody during a medical crisis or help a grieving family are familiar to us all.  Whether in the form of a jar at the check-out or a direct request for donations, these appeals sometimes prompt clients to ask if a donation to the cause is tax-deductible.  Often, the answer is no. …

Attorney’s Fees The amount of money at issue in a litigated case must now be taken into account in determining awards of attorney’s fees.  A recent ruling by the Minnesota Supreme Court in Green v. BMW of North America, LLC, 2013 WL 513241 (Minn. 2013), reversed a fee award that was close to $230,000. The …

Faced with a well-bankrolled, stone-walling respondent in litigation, a plaintiff’s attorney faces formidable odds.  If the defendant denies the existence of discoverable electronic evidence and opposing counsel declines to cooperate, pursuing discovery can be both costly and fraught with issues of information security and confidentiality.  But if such evidence is discovered and is demonstrably relevant …

Many family law attorneys serve a “Notice of Entry” after a Stipulated Judgment and Decree is entered.  A Notice of Entry has no impact and is essentially a made-up notice, ineffective as to anything subsequent.  Lawyers may be serving the Notice of Entry because they believe it starts the clock ticking for an appeal.  However, …

Should you take a client who is searching for their second, third or fourth attorney for their pending family law case? It’s best to be very selective. Inquire in detail about problems the client had with the former attorney so you’re confident you can offer something more or different; otherwise you too may disappoint the …

When my business clients ask me to review a business transaction with another entity, I run a check on the other organization to be sure that the organization is validly organized and properly credentialed to do business in Minnesota, and that its registration is current. This can save the client lots of trouble down the …

Mortgage foreclosure redemption confusion?  It’s like poker.  Lender A holds the Sheriff’s Certificate for $125,000 so that’s the opening bid.  Lender B’s Home Equity Loan is second for $50,000.  B can raise A’s bid by the amount of B’s loan (i.e., redeem), or B can fold (not redeem).  If B redeems, the bid is $175,000 …

The automatic stay language of Rule 125 of the Minnesota General Rules of Practice is often misunderstood.  Many lawyers include language in stipulated documents as follows: “Notwithstanding Gen. R. Prac. 125, Let Judgment Be Entered Immediately.” Such language is not necessary in stipulated documents.  Rule 125 and the comment specifically state that the stay applies …