Blogs

Be the first person to recommend this.
COVID-19, also known as the coronavirus, has had a marked impact on virtually all aspects of life in Minnesota. It has led to significant unemployment, financial hardship, and a number of fatalities. As with other states, the pandemic has also had an impact on arrests and convictions – particularly for the offense of driving while intoxicated. Like with many other states, the number of DWI arrests in Minnesota dropped dramatically once efforts to combat the virus went into place. However, this drop has not been steady or uniform across the months that followed. There are a number of factors that have led this steep drop in DWI-related arrests. Stay at home ...
0 comments
Be the first person to recommend this.
With the rise in personal injury cases over the past few decades, the need for personal injury lawyers is emerging fast. A personal injury lawyer is a litigator who fights for clients who are victims of negligence or recklessness by another person or entity.  They act on behalf of their client and help them get adequate compensation for damages sustained during an incident. This includes everything from medical bills, pain, and suffering, loss of earnings, and much more.   Click here   to know more.  If you’ve been involved in an accident that was not your fault, you may need to contact a personal injury. Here is how personal injury lawyers can ...
0 comments
Be the first person to recommend this.
Qualified domestic relations and similar orders frequently create confusion for divorce practitioners. The reasons for this are many, but the confusion commonly stems from the reconciliation of state and federal law, that QDROs are financially intensive, and that each plan is different. The following practice management tips are intended to aid in demystifying some often overlooked QDRO matters while giving you additional tools to turn to when you are advising your clients. 1. Distribution Timing. The plan document will determine when distributions can be made from the plan, and neither the settlement agreement nor the state court can modify these timelines. ...
0 comments
Be the first person to recommend this.
The federal penal population is among the highest globally, roughly 2.2 million adults- this means just under a quarter of the   global prison population   is breathing life in the US prison facilities. This statement goes directly against the country's justice authority's sentiment, who champion the idea of reducing their incarceration rate.  A broader gaze on the narrative will tell us that 1 in every 100 American citizens is doing time behind bars. This is remarkably higher than Europe and the rest of the world. Criminologists and former government officials have admitted the system has crossed the line where incarceration can be justified for social ...
0 comments
Be the first person to recommend this.
As commercial leases are for a lengthy time period and have monetary implications if a contract terminates early, subleasing to another business may make good sense.  If you decide to sublease for your business, you do not lease the premises from the original owner but from another individual or entity who leases from the owner. There are various risks and benefits when it comes to commercial subleases.  Include terms in the contract that meet your needs As a sublessee, you need to make sure that your commercial sublease agreement protects you. For example, you may want to include the right to pay the landlord rent directly if the sublessor defaults. ...
0 comments
Be the first person to recommend this.
A personal injury claim occurs where actions of a third party cause injury and damage to the plaintiff. If you encounter an injury caused by an adverse party, it is important for you to be fairly rewarded.  When you are ready to file a personal injury claim, ensure all prerequisites of winning the case are properly set to get proper and just compensation. Take a look at these five ways you can succeed in your personal injury case. Get you a top-notch personal injury claim attorney Some personal injury claims may be simple and straightforward, hence precluding the need for an attorney and save on legal fees. This sounds good but this area of law is wide ...
0 comments
Be the first person to recommend this.
In 2020, fewer individuals were injured at the workplace, which is mostly due to the break from activity caused by the coronavirus outbreak. Nonetheless, the number of work-related injuries still remains high. Roughly 4,996 incidents occurred between January and June. If you’re one of the few unlucky injured on the job, you must seek justice. The employer must pay for the injury regardless of fault. You may have been informed that the only compensation you can seek comes from your boss’ workers' compensation insurance. Just so you know, in some cases, it’s possible to sue for damages caused by the injury you’ve sustained. A personal   injury lawyer   can ...
0 comments
Be the first person to recommend this.
Are you wondering if you should hire a personal injury lawyer? If you've been in an accident and it was someone else's fault, you can receive monetary compensation. But as you already know, you cannot expect the insurer to be fair and offer you the money without trying to say you were also to blame. They don't make a profit by providing all victims money. When you get in touch with them, pay attention to what you say when they take your statement because they're motivated to stop you from filing a lawsuit. It's similar to the cops reading your Miranda rights, "everything you say can and will be used against you". Also, don't write or sign anything because you ...
0 comments
Be the first person to recommend this.
[Originally published in Minnesota Lawyer, November 24, 2020] The ABA has recently issued two formal opinions on when the personal relationships of judges and lawyers raise ethics issues that may require disclosure, consent, or disqualification. The opinions are in many ways instructive and in some ways flawed. For judges, Opinion 488 (2019) examines relationships with both counsel and parties. For lawyers, Opinion 494 (2020) analyzes relationships with opposing counsel. Both opinions classify relationships under examination as “friendships,” or “acquaintanceships.” Op. 488 also examines “close personal relationships” and Op. 494 uses the somewhat similar ...
0 comments
Be the first person to recommend this.
[Originally published in Minnesota Lawyer, December 8, 2020] ] What arrangements should a trial lawyer make for note-taking when interviewing a potential key witness? What consequences will the lawyer face for not making the best arrangements? Surprisingly, the Office of Lawyers Responsibility (OLPR), the Minnesota Supreme Court, and the Hennepin County District Court have recently given four answers to these questions, three of which are wrong. Rule 3.7(a), R. Prof. Conduct, creates the main framework for structuring proper arrangements. The Rule provides, “A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness ...
0 comments
Be the first person to recommend this.
Are you the type of person who prefers to do your research when shopping for protection? If you are, you’ll probably have come across the terms ‘agent’ and ‘broker.’ They’re both licensed professionals who mediate between insurers and policyholders. The main difference is that the former usually acts for more than one company, while the other represents you. With tens of thousands of insurance brokerages in Canada and more than   400,000 agencies and brokerages   in the United States, it’s not an easy task when selecting someone to advise you on your policy needs.  You’d probably consider finding a broker since they work for you. You can do ...
0 comments
Be the first person to recommend this.
Most of us know that if you ever suffer physical or mental damages due to an accident that’s caused by another party, then you can seek legal compensation.  But, most people don’t know under what conditions they are entitled to such compensation and when to hire a personal injury lawyer. Read on to find out some of the most common types of accidents that personal injury lawyers handle for their clients. As you’ll soon see, these attorneys cover a wide range of cases.  Below we’re going to outline the kind of cases that personal injury lawyers handle on a daily basis:  Car Accidents Car accidents happen all the time unfortunately which means that ...
0 comments
Be the first person to recommend this.
From research and statistics, it’s safe to say that most fatalities and life-changing injuries sustained in an accident usually involve a big rig vehicle or truck.  They are much larger than your average vehicle and are capable of causing a lot of damage in an accident, especially with smaller cars. Anybody that’s unlucky enough to get into an accident with a big rig and comes out alive should be very grateful and should get legal representation immediately.  When it comes to this type of vehicle, the paperwork involved in filing claims is quite plenty, and you’ll need legal help to sue for damages effectively. How to File a Lawsuit After the Accident ...
0 comments
Be the first person to recommend this.
Unfortunately, no one can predict a medical emergency. However, something that is certain is the unexpected expense such a crisis might cause. If you are unemployed, worrying about covering the costs is stressful, added to whatever has befallen you or a family member. This has become a stark reality for many Americans this year after massive job losses due to COVID-19. Many unemployed people cannot keep their health insurance, making them vulnerable when something unforeseen happens. If it happens to you, what are your options? Get a loan Take advantage of different loan products to find one that suits your needs if you need to get money quickly ...
0 comments
Be the first person to recommend this.
Working on a construction site can be hazardous despite all the safety precautions that have to be taken. You may have a fall from a height, be struck by a falling object, be crushed by machinery or suffer a chemical burn.  Construction has a higher number of   fatal injuries   than any other job sector. If you suffer a serious injury while working on a construction site, the effects on your future can be devastating.  The possibility of unfair compensation If you or anyone you love has suffered as a result of a construction accident, you should not have to settle for less than you deserve. Companies and their insurance providers may try to offer you ...
0 comments
Be the first person to recommend this.
Today, there are far more women in the workforce than there have even been and in fact, your supervisor or manager at work is more likely to be a woman than a man.  There are more women than ever before who are breadwinners and trending ideas for women in business include getting a business broker to ensure whatever business they’re in, it stands a better chance of being successful.  Their own businesses More women are starting their own businesses. They want to be their own boss and they want to pursue a passion of theirs. Between the years 2007 to 2018,   four out of every ten   small businesses were run by women.  Women start every kind of business, ...
0 comments
Be the first person to recommend this.
BANKRUPTCY BULLETIN Contributing Editors: Brea Young, St. Thomas School of Law ; Kesha Tanabe, Tanabe Law; Karl J. Johnson, Taft Stettinius & Hollister LLP In Nicolaus v. United States (In re Nicolaus) , 963 F.3d 839 (8th Cir. 2020) , the Eighth Circuit reversed the bankruptcy court and district court  and held that, prior to a 2017 amendment, Rule 3007(a) provided that an objection to a proof of claim filed by the IRS could be properly served without serving it on the Attorney General and the local US Attorney. The debtor was responsible for penalties after failing to pay withholding taxes owed by his business. The debtor declared bankruptcy, ...
0 comments
Be the first person to recommend this.
BANKRUPTCY BULLETIN Contributing Editors: Alex Frescoln, St. Thomas School of Law ; Kesha Tanabe, Tanabe Law; Karl J. Johnson, Taft Stettinius & Hollister LLP In Kelley v. Boosalis (In re Petters) , 974 F.3d 884 (8th Cir. 2020) , the Eighth Circuit reversed summary judgment against the defendants (investors who were paid more than they invested), holding, among other things, that Finn v. Alliance Bank , 860 N.W.2d 638 (Minn. 2015), provides that a contract is void based on fraud only if “ both parties entered into the contract at issue with the purpose of deceiving a third party.” The court also reversed and remanded for a new trial because of ...
0 comments
Be the first person to recommend this.
BANKRUPTCY BULLETIN Contributing Editors: Gino Polverari, St. Thomas School of Law ; Kesha Tanabe, Tanabe Law; Karl J. Johnson, Taft Stettinius & Hollister LLP In North Dakota v. Bala (In re Racing Services, Inc.) , 20-6002, 2020 WL 5541382 (BAP 8th Cir. Sep. 16, 2020) , the BAP (1) sustained the bankruptcy court’s holding that the state lacked standing under the doctrine of parens patriae to file a proof of claim, (2) reversed the holding that the claim could be disallowed under the doctrine of laches, and (3) remanded for a determination of whether the state had standing to file the claim based upon an assignment. Ten years into the bankruptcy ...
0 comments
Be the first person to recommend this.
BANKRUPTCY BULLETIN Contributing Editors: Berina Altshuler & Deneese Yang, St. Thomas School of Law ; Kesha Tanabe, Tanabe Law; Karl J. Johnson, Taft Stettinius & Hollister LLP In Alsibai v. Experian Info. Sols., Inc., 20-CV-0963 (ECT/DTS), 2020 WL 5652477 (D. Minn. Sept. 23, 2020), Judge Tostrud denied the defendant’s motion for judgment on the pleadings, holding that the plaintiff alleged a plausible claim under the Fair Credit Reporting Act (FCRA).  To maintain a claim under § 1681e(b) of the FCRA, a plaintiff must plausibly allege: (1) the reporting agency failed to follow reasonable procedures intended to assure the accuracy of its reports; ...
0 comments