B&B_logo_red_sm




The official publication of the Minnesota State Bar Association



Feature Articles


Divorce and the Family Farm
Sonja Trom Eayrs, Jill Frieders, and D. Patrick McCullough
Oct 01, 2021
Unlike other closely held business interests, farming operations not only serve as commercial ventures but also as the family home, complicating division of the estate. Considering the longstanding ties to the land that come into play, efforts to preserve the family farm take on renewed importance in a divorce.
Full story
  • CATEGORY
  • Rural Lawyers
  • Divorce
VLN is stepping up in response to the end of the eviction moratorium. We need your help.
Muria Kruger
Oct 01, 2021
Because the eviction moratorium was developed in part to protect our state’s most vulnerable renters, most of those needing help at the end of the moratorium will be low-income and in need of free legal services.
Full story
  • CATEGORY
  • Pro Bono
  • Evictions
Semantic Drift – In re: Krogstad and the changing meanings of words
Kenneth Bayliss
Oct 01, 2021
The tendency of the meaning of words to change over time is known as “semantic drift.” Semantic drift is the reason that when we first read a Shakespearean play, we needed a glossary.
Full story
  • CATEGORY
  • Court Opinions
Journey to the center of my mind: Notes on meditation practice and wellness
Senior Judge Susan R. Miles
Sep 01, 2021
Let me invite you to journey into my mind, for better or for worse, on a reality-based meditation session, with all its twists and turns, moments of being lost, and, on a good day, an occasional insight.
Full story
  • CATEGORY
  • Well-Being
Maritime law? In Minnesota? Yes.
By Vince C. Reuter
Sep 01, 2021
Few Minnesota litigators would be surprised to field a call involving an accident on one of our state’s lakes or rivers. In doing so, the attorney undoubtedly begins internally checking the legal boxes: Cause of action? Causation? Damages? Statute of limitations? But one important box may unfortunately get ignored: jurisdiction. This is a mistake.
Full story
  • CATEGORY
  • Maritime Law
Fixing a Hole: The Fritz defense revisited
James Poradek and Luke Grundman
Sep 01, 2021
Minnesota courts have erected a draconian procedural barrier that makes it impossible for many tenants to have their day in court: a “pay to defend” requirement that forces eviction defendants to deposit unpaid back rent with the court as a precondition for trial on the defense that the landlord has violated its legal obligation to maintain the property in habitable condition.
Full story
  • CATEGORY
  • Evictions
Discovery: Reinventing the request for admissions
Eliot T. Tracz
Sep 01, 2021
Nearly every young litigator knows that RFAs are a tool used to narrow the number of disputed issues in a case. While that can certainly be done when bundled with other written discovery, the inherent versatility of RFAs really comes through when they are unbundled and allowed to stand on their own.
Full story
  • CATEGORY
  • Litigation
The ghost of water wars future: The Great Lakes Compact and the coming freshwater crisis
Jeremy P. Greenhouse
Aug 04, 2021
As climate change and population growth place mounting strain on U.S. water supplies, it is not hard to imagine a scenario in which politicians from water-starved states, faced with struggling agricultural irrigation systems and angry, thirsty voters, propose a Mao-inspired water diversion project to “borrow” water from the Great Lakes.
Full story
  • CATEGORY
  • Environment and Natural Resources Law
Immigration roundtable: The Biden administration so far
R. Mark Frey
Aug 04, 2021
Following four years of upheaval under the Trump administration, President Joe Biden took office in January promising stabilization and reform of the U.S. immigration system. Bench & Bar contributor R. Mark Frey—who writes the bimonthly immigration law updates for our Notes & Trends section—recently assembled a panel of his fellow Minnesota immigration attorneys to discuss in writing the legacy of the Trump years and the early moves of the Biden administration. What follows is an edited version of their exchange.
Full story
  • CATEGORY
  • Features
2021 legislative session recap: A long and winding road
Bryan Lake
Aug 04, 2021
The 2021 session was notable for a record-low number of bills passed, but lawmakers still managed to enact numerous new laws of interest to the legal community, including...
Full story
  • CATEGORY
  • Legislative
MSBA President 2021-22: Jennifer Thompson
Amy Lindgren
Jul 01, 2021
When it comes to Jennifer Thompson, it seems that everyone has a story to tell. Now, as the incoming president of the Minnesota State Bar Association, Thompson will undoubtedly generate more stories, even as she maintains the delicate equilibrium between work, home, and service to the legal profession.
Full story
  • CATEGORY
  • President
  • Features
Family law: The covid chronicles
Traci Capistrant
Jul 01, 2021
In my practice area, the pandemic has had multiple stages. Let’s hope we’re almost done with them all. Family law and its practitioners needed to step up to address rapidly changing issues affecting all families during the pandemic.
Full story
  • CATEGORY
  • Family Law
  • COVID-19
  • Features
We live not alone: A legacy of environmental racism
Jessica Intermill
Jul 01, 2021
This is the second installment of a two-part article exploring structural bias and racism within the law in the context of the Line 3 oil pipeline expansion. Part 1, published last month, examines the agency approval process and the role of the public in that process. Part 2 explores the racialized impact of that facially neutral approval in the context of Minnesota’s legal history.
Full story
  • CATEGORY
  • Public Utilities
  • Features
Exchange
Jul 01, 2021
A letter to the editor from Enbridge concerning part 1 of Jessica Intermill’s article on structural bias/racism in the law and the Line 3 pipeline approval.
Full story
  • CATEGORY
  • Letters to the Editor
  • Features
A Death in the Family: How one firm forged ahead after a partner’s unexpected passing
Morgan Kavanaugh and Christopher Johnston
May 26, 2021
It’s the call no lawyer ever wants to get: A friend and colleague in your law firm has unexpectedly passed away. In January 2020, we got that call. Our friend and senior partner at the firm, Kyle Hegna, died tragically in a snowmobile accident.
Full story
  • CATEGORY
  • Professional Responsibility
  • Practice Management
  • Features
Covid, 'long covid,' and workers compensation
Robb P. Enslin
May 26, 2021
The workers’ compensation system will be dealing with coronavirus-spawned claims for a long time to come
Full story
  • CATEGORY
  • COVID-19
  • Labor and Employment
  • Features
Anatomy of a Misreading
Hannah Martin
May 26, 2021
On March 24, 2021, the Minnesota Supreme Court issued its decision in State v. Khalil, reversing and remanding a third-degree criminal sexual conduct charge that involved a mentally incapacitated or physically helpless complainant. News and social media got the point all wrong.
Full story
  • CATEGORY
  • Court Opinions
  • Features
When the Public Interest Isn’t: Minnesota’s approval of a new Line 3
Jessica Intermill
May 26, 2021
This is the first installment of a two-part article exploring structural bias and racism within the law in the context of the Line 3 oil pipeline expansion. Part 1 examines the agency approval process and the role of the public in that process.
Full story
  • CATEGORY
  • Public Utilities
  • Features
Working with infertility and IVF
Ashleigh Leitch
May 26, 2021
Because of the stigma historically associated with infertility and pregnancy loss, many people remain unaware that these experiences are relatively common.
Full story
  • CATEGORY
  • Labor and Employment
  • Features
Competent but compromised: Representing clients on the spectrum between mental health and mental illness
Jennifer L. Thompson
Apr 05, 2021
Just as dissolution clients are screened for domestic violence, it is prudent to screen all clients for mental health issues that might go beyond personality traits or mere quirks. Knowing what to look for and how to respond can save your relationship with your client.
Full story
  • CATEGORY
  • Well-Being
  • Features
12345678