Latest from Bench & Bar of Minnesota

OPINIONS OF THE SUPREME COURT FILED WEDNESDAY, JULY 29, 2020 NOTICE – MEDIA RELEASE TIME IS 10:00 A.M. A19-1897        Larry Demetrius Pearson, Appellant, vs. State of Minnesota, Respondent.                           Ramsey County.             The district court did not abuse its discretion when it denied appellant’s third petition for postconviction relief without an evidentiary hearing.          …
<p style=”text-align: center;”><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0820_sharkcity_650.jpg?sfvrsn=0″ data-displaymode=”Original” alt=”0820_SharkCity_650″ title=”0820_SharkCity_650″ style=”vertical-align: middle;” /></p> <h3>Minnesota moves forward on workplace harassment; the 8th Circuit doubles down&nbsp;</h3> <p><em>By&nbsp;Sheila Engelmeier and Heather Tabery</em></p> <div><strong></strong> <p>About two years had passed since the launch of the #MeToo movement when the Minnesota Supreme Court heard oral arguments in <em>Kenneh v. Homeward Bound</em> in late 2019. Since then a great many observers have awaited the Court&rsquo;s pivotal decision in the case, which posed the question of<em>…
<em></em> <h3>Why recent federal courts in Minnesota are wrong in refusing to apply&nbsp;Minn. Stat. &sect;549.191 to punitive-damages claims in federal court</h3> <em>By Jeffrey P. Justman, Tom Pryor and Joshua N. Turner<br /> <br /> </em> <p><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0820-money-vortex-400.jpg?sfvrsn=0″ data-displaymode=”Original” alt=”0820-Money-Vortex-400″ title=”0820-Money-Vortex-400″ style=”float: left; margin-bottom: 10px; margin-right: 10px;” />In 1986, the Minnesota Legislature passed an important tort reform law that limited abusive pleading practices like frivolous demands for punitive damages. The statute that accomplishes this goal, Minn.…
CRIMINAL LAW JUDICIAL LAW • Privilege: Order for subpoena is necessary to obtain privileged records from rape crisis counseling center. Respondent was charged with criminal sexual conduct for allegedly engaging in nonconsensual sexual penetration and contact with two women while working as a massage therapist. The Program to Aid Victims of Sexual Assault (PAVSA) assisted the women in reporting the incidents to the police and respondent moved for an in camera review of all PAVSA’s records…
<h2>’Being an advocate for others was extremely appealing'</h2> <p><em><a href=”mailto:KWILLEMS@BASSFORD.COM”><img src=”https://www.mnbar.org/sf_images/default-source/headshots/kyle-willems-400.jpg?sfvrsn=0″ data-displaymode=”Original” alt=”Kyle-Willems-400″ title=”Kyle-Willems-400″ style=”float: left; margin-bottom: 10px; margin-right: 10px;” />KYLE WILLEMS</a> is a litigation attorney with the law firm Bassford Remele. He practices tort, business, and construction litigation. He received his undergraduate degree from the University of Minnesota and his JD from the University of St. Thomas School of Law. Mr. Willems was recently elected chair of the MSBA&rsquo;s New Lawyers Section. He has…
<p><em>By Lynae Tucker</em></p> <div> <div><strong><em><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0820_mark_twain.tmb-small.jpg?sfvrsn=1″ data-displaymode=”Thumbnail” alt=”0820_Mark_Twain” title=”0820_Mark_Twain” style=”float: left; margin-bottom: 10px; margin-right: 10px;” /></em></strong></div> </div> <p><strong><em>&ldquo;A good lawyer knows the law; a clever one takes the judge to lunch.&rdquo;&nbsp;</em></strong></p> <p><strong><em>&mdash; Mark Twain</em></strong></p> <p>I became a lawyer because I didn&rsquo;t want to be another millennial living in my parents&rsquo; basement. When I graduated with my bachelor&rsquo;s degree, journalism was thought to be a dying art and my journalism degree wasn&rsquo;t going to help me…
<p><em>By Mark Lanterman</em><br /> <br /> This past June, several U.S. law enforcement agencies were the victims of a largescale data breach resulting in 296 GB of data being stolen. The National Fusion Center Association stated that &ldquo;dates of the files in the leak actually span nearly 24 years&mdash;from August 1996 through June 19, 2020.&rdquo; The statement went on to say that personally identifying information was leaked along with other types of files.<sup>1</sup> The incident…
<p><em>By Susan Humiston </em><br /> <br /> We all know these are not the typical halcyon days of summer. Between the continuing covid-19 pandemic, community wounds from George Floyd&rsquo;s death, and the economic recession, people are struggling in many ways. Recently I was talking with Joan Bibelhausen, the executive director of Lawyers Concerned for Lawyers, and she suggested an article on a topic she knows some lawyers find particularly challenging these days: clients and boundaries.…
<em></em> <p style=”text-align: center;”><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0820-woman-suffrage-minnesota.jpg?sfvrsn=0″ data-displaymode=”Original” alt=”0820-WOMAN-SUFFRAGE-MINNESOTA” title=”0820-WOMAN-SUFFRAGE-MINNESOTA” style=”vertical-align: middle;” /></p> <em></em> <address style=”text-align: center;”><em>Minnesota Woman Suffrage Group at Headquarters, 1917 &ndash; Library of Congress, Harris &amp; Ewing Collection</em></address> <em> <div><em><br /> </em></div> <hr /> &nbsp;By Eric W. Weber<br /> <br /> </em> <p>From 1881 to 1920, the Minnesota Woman Suffrage Association (MWSA) struggled to secure women&rsquo;s right to vote. Its members organized marches, wrote petitions and letters, gathered signatures, gave speeches, and published pamphlets…
<p><strong><em>By Dyan Ebert</em></strong><br /> <br /> August 2020 marks the 100th anniversary of a historic change to the U.S. Constitution, the ratification of the 19th Amendment. The substance of the amendment&mdash;a mere 28 words&mdash;provides &ldquo;[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.&rdquo; As Carrie Chapman Pratt, a prominent figure in the <a href=”https://www.mnbar.org/resources/publications/bench-bar/columns/2020/07/29/history-the-minnesota-woman-suffrage-association”>women&rsquo;s suffrage movement</a>,…