Latest from Bench & Bar of Minnesota

FOR IMMEDIATE RELEASE:September 13, 2021Contact: Claire Lancasterclaire.lancaster@state.mn.us651-219-2975  Commission on Judicial Selection Recommends Fifth Judicial District Finalists to Governor Walz [ST. PAUL, MN] – The Commission on Judicial Selection announced today that it is recommending three finalists for consideration to fill a vacancy in Minnesota’s Fifth Judicial District. The vacancy occurred upon the creation of a new district court judgeship effect July 1, 2021. The seat will be chambered in Mankato in Blue Earth…
FOR IMMEDIATE RELEASE:September 8, 2021Contact: Claire Lancasterclaire.lancaster@state.mn.us 651-219-2975 Governor Walz Appoints Amy Lukasavitz to Fill Sixth Judicial District Vacancy [ST. PAUL, MN] – Governor Tim Walz and Lieutenant Governor Peggy Flanagan today announced the appointment of Amy Lukasavitz as District Court Judge in Minnesota’s Sixth Judicial District. Ms. Lukasavitz will be replacing the Honorable Robert E. Macaulay and will be chambered in the City of Carlton in Carlton County. “I am honored to appoint…
FOR IMMEDIATE RELEASE:September 2, 2021Contact: Claire Lancasterclaire.lancaster@state.mn.us651-219-2975  Commission on Judicial Selection Recommends Eighth Judicial District Candidates to Governor Walz [ST. PAUL, MN] – The Commission on Judicial Selection announced today that it is recommending three candidates for consideration to fill a vacancy in Minnesota’s Eighth Judicial District. The vacancy will occur upon the retirement of the Honorable Dwayne N. Knutsen. This seat will be chambered in Granite Falls in Yellow Medicine County. Keith…
by Jennifer Thompson Can we talk about July 29, 2021? It’s been a few weeks now, and while the afternoon (and the early evening, and the night) were certainly, um, prolific, it’s also true that time heals and by now the wound isn’t quite as fresh. So, let’s unpack the day.  You remember July 29, right? That’s the day that the MSBA Members News & Notes Community clogged up and bogged down some large portion…
 By Eliot T. Tracz Written discovery can elicit different reactions from different people. Some may find it tedious, others interesting. Regardless, it is an inevitable part of the litigation process. Often, the process for written discovery—interrogatories, requests for productions, and requests for admissions (RFAs)—follows a predictable pattern: All of the written discovery is bundled together and served on the opposing party; the responses contain some documentation, routine objections, and denials of some facts that will…
Eliminating the unconstitutional “pay-to-defend” barrier in Minnesota eviction actions By James Poradek and Luke Grundman With state and federal moratoriums on evictions for nonpayment of rent coming to an end, it will be essential that those Minnesota tenants who have been forced to live in poorly maintained rental housing during the pandemic be allowed to exercise their legal rights to defend themselves before they are evicted from their homes by Minnesota courts. But Minnesota courts…
Why it pays to know maritime law in cases involving water-related accidents By Vince C. Reuter 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. Accidents involving millions of acres…
By Senior Judge Susan R. Miles On its surface, you might regard the practice of meditation as mysterious at best, and utterly boring at worst. But what appears to be doing nothing is not that at all. The title of Don’t Just Do Something—Sit There, a book by Sylvia Boorstein, at first blush may suggest that meditation is a practice of disengaging and doing nothing. Far from it. As Dr. Boorstein explains, the emphasis is…
By Susan Humiston In the May/June 2020 issue of this publication, I wrote about legal ethics in a pandemic.* More than a year later, we remain in a pandemic that not only presents continuing personal safety and well-being challenges; professional challenges also remain. Lots of guidance has been issued from various sources and I want to make sure you have information to help you continue to navigate these issues in our new normal.  First, remember:…
By Mark Lanterman In July the National Security Agency (NSA), in partnership with the CISA, FBI, and NCSC, issued a cybersecurity advisory regarding global brute force campaigns titled, “Russian GRU Conducting Global Brute Force Campaign to Compromise Enterprise and Cloud Environments.” Though it’s difficult to assign a specific timeline (or start date) to the activities of the GRU, Russia’s military intelligence agency, the report explains that these activities likely have been going on at least…