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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
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Morgan Kavanaugh and Christopher Johnston
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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
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Robb P. Enslin
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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
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Hannah Martin
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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
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Jessica Intermill
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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
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Ashleigh Leitch
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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
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Jennifer L. Thompson
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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
Cohabitation and spousal maintenance revisited: Sinda v. Sinda and the state of the law
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KATHLEEN M. NEWMAN
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Apr 05, 2021
In 2016 Minnesota’s spousal maintenance statute was changed to add cohabitation as a reason to modify spousal maintenance. In practice, did the addition of cohabitation as a basis to modify spousal maintenance change the way courts analyze a modification request based on the case law surrounding cohabitation?
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CATEGORY
Family Law
Features
Practicing with grace: Covid-19 and the coming eviction crunch
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MANAIRE VAUGHN
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Apr 05, 2021
To truly understand the impact of the coronavirus pandemic, we must look at all covid-related legal issues with a systemic lens and be open to creative problem solving. It’s hard to think of an area in which this is more emphatically true than with respect to the impending tsunami of eviction filings once federal and local moratoria are rescinded.
Full story
CATEGORY
Housing
Features
Legal aid in a pandemic: Notes from the front lines
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LILO SCHLUENDER
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Apr 05, 2021
Working in civil legal aid is challenging in good times; working as a civil legal aid attorney in a global pandemic has felt like a Sisyphean undertaking. For the past 12 months, our practice has evolved from poverty lawyers to humanitarian crisis advocates.
Full story
CATEGORY
Legal Aid
Features
Momentum builds for changes to Predatory Offender Registry
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Stacy L. Bettison
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Apr 05, 2021
In late January, the Minnesota Legislature received the final report of the Criminal Sexual Conduct Working Group charged with recommending changes to the criminal sexual conduct statute. For over 13 months the working group—comprising victims/survivors, advocates, prosecutors, law enforcement, and criminal defense attorneys—met to consider a multitude of proposed changes to the law, designed primarily to strengthen the criminal statute.
Full story
CATEGORY
Criminal Law
Features
Colleague Corner: Meet Michael Fondungallah
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Apr 05, 2021
Michael Fondungallah, a native of Cameroon, received a bachelor’s degree in law and a graduate degree in business law from the University of Yaounde. After migrating to the United States in the 1990s, he earned his JD from the William Mitchell College of Law in 2001. His practice is focused on immigration and employment law.
Full story
CATEGORY
Colleague Corner
Democracy goes to court: Litigating voting rights and election administration in Minnesota in 2020
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By George W. Soule & Anna Veit-Carter
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Mar 01, 2021
Minnesota political parties, voter organizations, voters, and election officials fought in court over many aspects of voting and elections. The lawsuits continued after the election, contesting the results of several Minnesota races. This article will review the key Minnesota legal battles over voting and elections in 2020.
Full story
CATEGORY
Litigation
Features
What would a discipline office do? Examining the high-profile complaints against election attorneys from a lawyer regulatory perspective
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WILLIAM J. WERNZ
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Mar 01, 2021
It’s no surprise that a presidential election as bitterly fought as last November’s should also yield a lot of litigation—and a striking volume of complaints from lawyers regarding the conduct of other lawyers. Although many lawyers were involved in the electoral challenges, the spotlight here is on complaints regarding four prominent lawyers.
Full story
CATEGORY
Professional Responsibility
Litigation
Features
It only sounds like common sense: Why repealing the seat belt evidence rules serves no public purpose
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Genevieve M. Zimmerman, Patrick Stoneking, & Joel D. Carlson
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Mar 01, 2021
Eliminating Minnesota’s long-standing seat belt evidence rule, as recently promoted in one Bench & Bar article, would result in the largest windfall to negligent drivers and their insurance companies that lawmakers could ever give them.
Full story
CATEGORY
Personal Injury
Features
TODD: A game-changer from the 8th Circuit
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Sam Calvert
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Mar 01, 2021
In early February the 8th Circuit Court of Appeals issued an opinion that should horrify anyone who has prepared a transfer-on-death deed (TODD) for a client.
Full story
CATEGORY
Features
Estate Planning
Construction law: Covid-19 forces contractors to examine AIA agreements
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Taylor Stemler
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Mar 01, 2021
This essay was the first-place winner in the MSBA Construction Law Section’s 2020 writing competition.
Full story
CATEGORY
Construction Law
Features
Jury Trials in the Covid-19 Era
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Kristi J. Paulson
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Feb 01, 2021
What to expect as courts work to deliver justice through the rest of the pandemic. September marked the first civil jury trials to take place in Minnesota’s court system since the start of the pandemic; two trials proceeded in Hennepin County on the same floor on the same day. Those two cases were tried to verdict and demonstrated that, with proper care and precautions, justice could go forward.
Full story
CATEGORY
Courts
COVID-19
Features
Supreme Court Says No Pay Can Still Play: Abel v. Abbott Northwestern Hospital is a step forward for employees’ rights
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Thomas E. Marshall
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Feb 01, 2021
The Minnesota Supreme Court’s July 2020 opinion in Abel v. Abbott Northwestern Hospital represents a win for employees at several levels: through its broad acceptance of the continuing violations theory at the Rule 12 stage of proceedings; by eliminating “compensation” as a necessary element in the definition of “employee” under the Human Rights Act; and in its affirmation of a duty to protect employees and students from known foreseeable conduct.
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CATEGORY
Employment and Labor Law
Features
New covid-19 relief legislation amends Bankruptcy Code
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George H. Singer
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Feb 01, 2021
In response to the continuing crises brought on by the covid-19 pandemic, Congress recently passed the Consolidated Appropriations Act, 2021 (CAA). The amendments to the Bankruptcy Code are briefly summarized in this article.
Full story
CATEGORY
COVID-19
Bankruptcy
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