Articles

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.

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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.

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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.

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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.

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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.

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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.

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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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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.

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COVID-19
Bankruptcy
Features

We all need it at some point: The MSBA’s proposal for family and medical leave at court

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Christine B. Courtney

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Feb 01, 2021

In the summer of 2020, the MSBA convened a working group of attorneys and judges to draft amendments to various Minnesota rules that would allow attorneys to request a continuance of a court proceeding in the event of the attorneys’ temporary inability to represent the client due to a health condition; the birth or adoption of a child; or the need to care for a spouse, dependent, or parent who has a serious health condition.

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Features

New covid-19 relief legislation amends Bankruptcy Code

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George H. Singer

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Jan 12, 2021

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Bankruptcy
Features

The Case of the Accidental Landlord: Why Minnesota’s eviction moratorium needs fixing

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Joel Van Nurden

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Jan 04, 2021

The current eviction moratorium, with all its good intentions, has caused unjust harm to landlords, particularly nonprofessional or “accidental” landlords. The governor should rescind Executive Order 20-79 and either replace it with something similar to the Centers for Disease Control’s (CDC) nationwide eviction moratorium or, better yet, simply let the CDC’s moratorium take effect in Minnesota.

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Features

Click it or zip it: It’s time to rethink the seat-belt gag rule

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Michael T. Burke & Brandon D. Meshbesher

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Jan 04, 2021

States like California, Wisconsin, New York, Iowa, and Michigan all allow seat belt evidence to be presented to civil juries, and there is no reason that Minnesota cannot or should not do the same.

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Features
Personal Injury

Minnesota’s best interest factors should address breastfeeding

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Jacquelyn S. Lutz & Linda R. Allen

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Jan 04, 2021

The breadth of statutes concerning breastfeeding makes the absence of any reference to breastfeeding in the family law statutes puzzling. Does Minnesota need a statute specifically addressing breastfeeding and custody / parenting time? In short: yes.

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Family Law
Features

Holiday season self-care in the pandemic era

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Joan Bibelhausen

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Dec 01, 2020

Have you caught yourself beginning to plan for holiday meals, gifts, and traditions, only to stop short? It’s not uncommon to focus on the meaning of our holidays and traditions only when we fall exhausted into the holiday world we endeavored to create. This year? We need to find new ways to observe what matters to us, cope, and perhaps even thrive.

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Wellness
Features

Stress is what you think: The importance of a clear mind

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Senior Judge Susan R. Miles

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Dec 01, 2020

Cultivating present, non-judgmental awareness of our thoughts, also known as mindfulness, begins with examining our perceptions of stressors. Through mindfulness informed by meditation, we can learn to recognize, both cognitively and somatically, thoughts and perceptions of stress as they arise.

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Wellness
Features

Conciliation court: A valuable tool for litigators

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NICHOLAS J. SIDERAS

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Dec 01, 2020

Conciliation court represents a valuable avenue for clients that sometimes is overlooked. In Minnesota, conciliation courts have broad jurisdiction over a substantial ambit of civil cases when the damages are $15,000 or less. This article walks through the conciliation court process and addresses the advantages and disadvantages that attorneys should consider when advising clients.

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Features

The Conciliation Court Conundrum

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Courtney Ernston

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Dec 01, 2020

Conciliation court offers a dispute resolution process for people pursuing small claims without forcing them to hire an attorney, spend countless hours doing discovery, present legal arguments, or become familiar with the rules. But what these courts lack in formality, they unfortunately also lack in procedural consistency.

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Features

‘Published’ and ‘unpublished’ revisited

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Jeff Markowitz and Stephen Warner

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Nov 02, 2020

A primer on changes wrought in the wake of Justice David Lillehaug’s 2016 article on unpublished appellate decisions

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Features

Rules are Rules. Really.

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DAVID HERR

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Nov 02, 2020

A high-profile federal case reminds us that court rules are not just suggestions.

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Features

Anatomy of a Privacy Policy

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Julie A. Lewis

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Nov 02, 2020

Website privacy policies long seemed a mundane subject—but they’re increasingly under scrutiny as a new form of actionable contract.

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Features

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Democracy goes to court: Litigating voting rights and election administration in Minnesota in 2020 (?)

By George W. Soule & Anna Veit-Carter (?)

Mar 01, 2021

What would a discipline office do? Examining the high-profile complaints against election attorneys from a lawyer regulatory perspective (?)

WILLIAM J. WERNZ (?)

Mar 01, 2021

It only sounds like common sense: Why repealing the seat belt evidence rules serves no public purpose (?)

Genevieve M. Zimmerman, Patrick Stoneking, & Joel D. Carlson (?)

Mar 01, 2021

TODD: A game-changer from the 8th Circuit (?)

Sam Calvert (?)

Mar 01, 2021

Construction law: Covid-19 forces contractors to examine AIA agreements (?)

Taylor Stemler (?)

Mar 01, 2021

Jury Trials in the Covid-19 Era (?)

Kristi J. Paulson (?)

Feb 01, 2021

Supreme Court Says No Pay Can Still Play: Abel v. Abbott Northwestern Hospital is a step forward for employees’ rights (?)

Thomas E. Marshall (?)

Feb 01, 2021

New covid-19 relief legislation amends Bankruptcy Code (?)

George H. Singer (?)

Feb 01, 2021

We all need it at some point: The MSBA’s proposal for family and medical leave at court (?)

Christine B. Courtney (?)

Feb 01, 2021

New covid-19 relief legislation amends Bankruptcy Code (?)

George H. Singer (?)

Jan 12, 2021

The Case of the Accidental Landlord: Why Minnesota’s eviction moratorium needs fixing (?)

Joel Van Nurden (?)

Jan 04, 2021

Click it or zip it: It’s time to rethink the seat-belt gag rule (?)

Michael T. Burke & Brandon D. Meshbesher (?)

Jan 04, 2021

Minnesota’s best interest factors should address breastfeeding (?)

Jacquelyn S. Lutz & Linda R. Allen (?)

Jan 04, 2021

Holiday season self-care in the pandemic era (?)

Joan Bibelhausen (?)

Dec 01, 2020

Stress is what you think: The importance of a clear mind (?)

Senior Judge Susan R. Miles (?)

Dec 01, 2020

Conciliation court: A valuable tool for litigators (?)

NICHOLAS J. SIDERAS (?)

Dec 01, 2020

The Conciliation Court Conundrum (?)

Courtney Ernston (?)

Dec 01, 2020

‘Published’ and ‘unpublished’ revisited (?)

Jeff Markowitz and Stephen Warner (?)

Nov 02, 2020

Rules are Rules. Really. (?)

DAVID HERR (?)

Nov 02, 2020

Anatomy of a Privacy Policy (?)

Julie A. Lewis (?)

Nov 02, 2020

Democracy goes to court: Litigating voting rights and election administration in Minnesota in 2020

(?)

By George W. Soule & Anna Veit-Carter

(?)

What would a discipline office do? Examining the high-profile complaints against election attorneys from a lawyer regulatory perspective

(?)

WILLIAM J. WERNZ

(?)

It only sounds like common sense: Why repealing the seat belt evidence rules serves no public purpose

(?)

Genevieve M. Zimmerman, Patrick Stoneking, & Joel D. Carlson

(?)

TODD: A game-changer from the 8th Circuit

(?)

Sam Calvert

(?)

Construction law: Covid-19 forces contractors to examine AIA agreements

(?)

Taylor Stemler

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Jury Trials in the Covid-19 Era

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Kristi J. Paulson

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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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New covid-19 relief legislation amends Bankruptcy Code

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George H. Singer

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We all need it at some point: The MSBA’s proposal for family and medical leave at court

(?)

Christine B. Courtney

(?)

New covid-19 relief legislation amends Bankruptcy Code

(?)

George H. Singer

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The Case of the Accidental Landlord: Why Minnesota’s eviction moratorium needs fixing

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Joel Van Nurden

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Click it or zip it: It’s time to rethink the seat-belt gag rule

(?)

Michael T. Burke & Brandon D. Meshbesher

(?)

Minnesota’s best interest factors should address breastfeeding

(?)

Jacquelyn S. Lutz & Linda R. Allen

(?)

Holiday season self-care in the pandemic era

(?)

Joan Bibelhausen

(?)

Stress is what you think: The importance of a clear mind

(?)

Senior Judge Susan R. Miles

(?)

Conciliation court: A valuable tool for litigators

(?)

NICHOLAS J. SIDERAS

(?)

The Conciliation Court Conundrum

(?)

Courtney Ernston

(?)

‘Published’ and ‘unpublished’ revisited

(?)

Jeff Markowitz and Stephen Warner

(?)

Rules are Rules. Really.

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DAVID HERR

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Anatomy of a Privacy Policy

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Julie A. Lewis

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