If you have a client or opposing party who is considering filing a Chapter 7 (liquidation) bankruptcy, don’t forget about the “means test.” Complex calculations will determine eligibility for a Chapter 7 bankruptcy. New numbers for the means test went into effect on November 1, 2010, which make it slightly more difficult for many people>>>
Partial Summary Judgment
Download the full text of Judge Pendleton’s tip Minn. R.C.P. 54.02 provides that “the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.” The court>>>
Social Networking
Another nuance of the rapidly growing topic of the law of social networking concerns the protection of employees who complain about conditions at work. See “Social Media for Lawyers,” in Bench & Bar (November 2010). The National Labor Relations Board (NLRB), a federal agency that regulates management and labor relations, has issued a>>>
Training Staff
At some point in their career, every attorney takes responsibility for training a new person, usually someone who is replacing an already trained or more experienced member of the staff. Unless one is careful, it’s easy in these circumstances to expect the same level of support from someone who has neither the training nor the experience to>>>
Telephonic Search Warrants
A request for a telephonic search warrant may only be made in circumstances that make it reasonable to dispense with a written affidavit. If the court deems the request reasonable, there are seven procedural steps the court must follow: Record the entire conversation. The judge (or requesting officer) must record verbatim (electronically,>>>
Soliciting for Charity
Many practitioners find themselves volunteering for a nonprofit organization as either a board member or volunteer counsel. Raising money for charity is tricky business, whether the effort is confined to Minnesota or expanded to other states. Beware that most behaviors targeted at raising money are considered “solicitations” under Minn. Stat.>>>
Marital Status Discrimination
The right of spouses to pursue discrimination claims under the Minnesota Human Rights Act was clarified last spring by a ruling of the Minnesota Court of Appeals. For a long time, the law limited such claims unless adverse action was taken against the “institution of marriage” itself, regardless of the identity of the spouses. This>>>
Exculpation Clauses
The difficulty of overcoming exculpation clauses by personal injury claimants was reinforced recently by a ruling in Resnick v. Life Time Fitness, Inc., 2010 WL 2265869 (Minn. App. 2010) (unpublished). These clauses, often contained in boilerplate documentation signed by patrons at recreational or sporting facilities, usually bar claims for>>>
Where There’s A Will
Some lawyers hang onto the original documents when they do a will, looking to get more work in future and enhance their prospects of being retained for a probate proceeding. This may still work for some of us, but the increased mobility of clients, lawyers, and others has made this goal very elusive. For myself, I prefer to file the original>>>
Lothenbach Plea
Minnesota does not allow a defendant to make a conditional guilty plea. A “Lothenbach Plea” preserves the defendant’s right to appeal a pretrial order and avoids an otherwise unnecessary jury trial. State v. Lothenbach, 296 N.W.2d 854 (Minn.1980); MRCP 26.01 subd 3 and 4. Warning: this procedure involves a defendant’s waiver of>>>
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