Posts tagged as:

Minnesota

  • “Once your life is inside a federal investigation, there is no space outside of it.” [Quinn Norton, The Atlantic]
  • “Cops Detain 6-year-old for Walking Around Neighborhood (And It Gets Worse)” [Free-Range Kids] “Stop Criminalizing Parents who Let Their Kids Wait in the Car” [same]
  • Time to rethink the continued erosion of statutes of limitations [Joel Cohen, Law.com; our post the other day on Gabelli v. SEC]
  • “Are big-bank prosecutions following in the troubled footsteps of FCPA enforcement?” [Isaac Gorodetski, PoL]
  • The “‘professional’ press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it.” [Ken at Popehat]
  • Scott Greenfield dissents from some common prescriptions on overcriminalization [Simple Justice]
  • Anti-catnip educational video might be a parody [YouTube via Radley Balko]
  • “Too Many Restrictions on Sex Offenders, or Too Few?” [NYT "Room for Debate"]
  • Kyle Graham on overcharging [Non Curat Lex] “The Policeman’s Legal Digest / A Walk Through the Penal Laws of New York (1934)” [Graham, ConcurOp]
  • “D.C. Council Proposes Pretty Decent Asset Forfeiture Reform” [John Ross, Reason] And the Institute for Justice reports on forfeiture controversies in Minnesota and Georgia.
  • Does prison privatization entrench a pro-incarceration lobby? [Sasha Volokh, more]

The Minnesota Supreme Court ruled that a Duluth physician was not defamed by a contributor to a consumer-review site who criticized his bedside manner and referred to the doctor as a “real tool.” [Minneapolis Star-Tribune, ABA Journal, earlier here, etc.]

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The ultimate Overlawyered story? Minnesota: “An Eagan lawyer is suspended indefinitely after having an affair with a client whom he represented in a divorce, then billing her for time they spent having sex. … At various points, Lowe billed the woman for legal services on the dates of their sexual encounters, coding the time as meetings or drafting memos. … [He] won’t have a chance for reinstatement for at least a year and three months after the decision… by the Minnesota Supreme Court.” [St. Paul Pioneer-Press]

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When Andrew Henderson videotaped police frisking a man about to be transported by ambulance in suburban Minneapolis-St. Paul, an officer confiscated his handheld videocamera, allegedly for evidence: “If I end up on YouTube, I’m gonna be upset.” Later, when Henderson sought to get his camera back, the sheriff’s office refused and instead charged him with misdemeanors. Among the notes on the citation: “Data privacy HIPAA violation.” A Stanford law professor says it would be nonsense to regard HIPAA, the federal health privacy law, as constraining the activity of bystanders like Henderson who are not legally defined as health providers. [St. Paul Pioneer Press]

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One important reason same-sex marriage won on three state ballots last month is that many Republican voters, especially in affluent suburbs, crossed over to vote in favor of it. I’ve continued to document this phenomenon in a piece in this weekend’s Washington Post “Outlook” section (incorporating precinct-level detail on Minnesota and Maine) as well as in a second Huffington Post piece (with precinct-level detail on Maryland; my earlier HuffPo piece is linked here). Also, this Cato podcast:

One correction on the podcast: I mistakenly said Question 6 carried the two biggest Romney counties in Maryland, but I should have said two of the biggest three.

P.S. Mine was the second-most-popular article on WashingtonPost.com as of early morning Dec. 2.

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No, these were not naughty pictures, they were driver’s license headshots. “The city’s liability could have been upwards of $565,000 because the statute provides $2,500 to be assessed per each unlawful look-up of the database, and we had 226 look-ups,” City Attorney Sara Grewing [of St. Paul, Minn.] told the Pioneer Press. “So we were looking at $565,000 plus attorney’s fees, if we were found liable.” St. Paul was one of several municipalities that settled with Anne Marie Rasmusson, whose picture fellow officers often looked up without proper authority in violation of a 1994 enactment called the federal Drivers Privacy Protection Act. [Kim Zetter, Wired "Threat Level"; CityPages.]

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Voters in four states will decide same-sex marriage ballot questions on Nov. 6. As many readers know, I’ve been writing actively on the Maryland question, and those interested in catching up on that can follow the links here to find, among other things, my recent interview on the subject with the Arab news service Al-Jazeera, my thoughts on Judge Dennis Jacobs’s decision striking down Section 3 of DOMA (the federal Defense of Marriage Act), and my reaction to the other side’s “bad for children” contentions.

The Cato Institute has been doing cutting-edge work on the topic for years from a libertarian perspective; some highlights here.

Yet more: Hans Bader on religious liberty and anti-discrimination law [Examiner, CEI] And my letter to the editor in the suburban Maryland Gazette: “Civil society long ago decoupled marriage law from church doctrines.”

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Will Oremus, Slate: “The Chronicle of Higher Education reports that the state has decided to crack down on free education, notifying California-based startup Coursera that it is not allowed to offer its online courses to the state’s residents.”

I’d draw some instructive moral from this regulatory train wreck, but better not: if my Minnesota readers found my comments to be educational, we might all get in trouble. Update: Minnesota backs off (h/t Gitarcarver and others)

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Reader Dave Westheimer writes, regarding a news item that we briefly noted earlier:

Guess who’s coming to the suburb where I live? Erin Brockovich. She’s here and in the news.

Of course she’s not hearing “Fridley’s concerns” — she’s hearing the concerns of novices who’ve never heard of the Texas Sharpshooter Fallacy.

FWIW, “one of the worst Superfund sites in the country” refers to the old FMC plant in the southwest corner of the city by the Mississippi, well away from the closest residential neighborhood and more likely to affect Minneapolis than Fridley, if it affected anything at all. Fridley’s biggest industry is Medtronic’s headquarters. It’s a typical postwar residential suburb, mostly built in the 50s and 60s.

The neighborhood newspaper ran what I thought was a fawning article about her appearance here, written by an intern, along with a separate article about how the intern who wrote the article was so excited to meet her. So much for objectivity.

As the city’s water report (PDF) says, Fridley has never been in violation of the cancer causing agents standards in the Federal Safe Drinking Water Act.

Now if you’ll excuse me, I’m going to pour myself another tall glass of city water.

Torts roundup

by Walter Olson on June 15, 2012

  • “Fla. jury awards $75M to family of dead smoker” [AP] Bad trends catch on 10+ years later up North: Quebec becomes fifth province to sue tobacco companies [Montreal Gazette] We passed a law to let us win, so there: “Manitoba sues tobacco companies” [provincial press release]
  • “Can There Be Liability When Sending Texts To A Driver?” A debate [Ray Mollica and Mark Bower, Turkewitz; earlier here and here]
  • Ted Frank vs. Ron Unz on Vioxx health effects [PoL, American Conservative]
  • Major Florida PI firm denies State Farm claims-inflation allegations [Orlando Sentinel]
  • East St. Louis, Ill.: jury awards nearly $179 million to 3 injured grain elevator workers [Post-Dispatch]
  • Siding with plaintiff’s bar, Minnesota Gov. Dayton vetoes legislation reducing state’s general statute of limitations from six years to four, reducing prejudgment interest from current 10%/year, reforming offer of settlement rules, and allowing interlocutory class certification appeal [NFIB] He does however sign one protecting state/local governments [Star-Trib]
  • Multiple asbestos claims raise eyebrows in Delaware [SE Texas Record] On trends in asbestos litigation [Ben Berkowitz, Reuters]

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April 4 roundup

by Walter Olson on April 4, 2012

  • N.Y. Times editorial flays Stand Your Ground, but dodges its (non)-application to Martin/Zimmerman case; Washington Post blasts same law, doesn’t seem to realize Florida homicide rate has gone down not up; chronology as of Sunday’s evidence [Frances Robles, Miami Herald] On the disputed facts of the case, it would be nice if NYT corrected its misreporting [Tom Maguire, more, yet more]
  • Lawprof Michael Dorf vs. Jeffrey Toobin on president’s power not to enforce a statute [New Yorker letter]
  • Israeli law bans underweight models [AP/Houston Chronicle]
  • Is price-fixing OK? Depends on whether the government is helping arrange it [Mark Perry]
  • Minnesota man arrested, jailed for neglecting to put siding on his house [KSTP via Alkon]
  • Once lionized in press, former Ohio AG Dann now fights suspension of law license [Sue Reisinger, Corp Counsel, earlier]
  • How California is that? “Killer got $30,000 in unemployment while in jail, officials say” [LAT]

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Longtime Twin Cities attorney John Murrin lost money in a dodgy business deal, and started out by pressing what critics agree were some meritorious complaints arising from it. But courts began to look askance as he added more and more actions, pleadings and (nearly four dozen) defendants. Now a sanctions order has resulted in a bankruptcy proceeding. ["Lawyer's tactics leave him bankrupt," Minneapolis Star-Tribune].

January 16 roundup

by Walter Olson on January 16, 2012

  • Per Chevron, Kerry Kennedy getting undisclosed percentage of the take, potentially in millions, to side with plaintiffs in Ecuador suit [NY Post] Long New Yorker take-out on case [Patrick Radden Keefe]
  • Freetail Brewing fields a nastygram: “How to Comply With a Cease-and-Desist Letter But Still Win” [Lowering the Bar]
  • I.e. boycotts illegal? Odd Minnesota law bans economic “reprisals” based on “political activity.” [Volokh]
  • “Chris McGrath v. Vaughan Jones: An Unpleasant Peek Into U.K. Libel Law” [Popehat; suit over science-and-theology book review] Related: “You Can’t Read This Book: why libel tourists love London” [Nick Cohen, Guardian, on his new book]
  • Business experience isn’t be-all or end-all for presidential qualifications, but might avert some policy howlers [Kling]
  • “Arbitration Is Here to Stay and One Lawyer Says That Is Good for Consumers” [Alan Kaplinsky interview, Mickey Meese/Forbes, PoL]
  • Off-topic random thought: “Iranian nuclear scientist who moonlights in Broadway Spider-Man cast” must be world’s most uninsurable job description;
  • “D.C. Lawmakers Propose Requiring Students to Apply to College” [Fox]

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Eugene Volokh predicts that a Minnesota jury’s award will not stand; not only are people “constitutionally entitled to speak the truth about others, even with the goal of trying to get them fired,” but the “First Amendment constrains the interference with business relations tort, just as it constrains the infliction of emotional distress and other torts.” [Volokh Conspiracy]

A volunteer clearing debris after the recent tornado in north Minneapolis has been hit with a $275 fine for tree trimming without a license [Star-Tribune via Coyote]

More: In other legal news of tree-trimming, Oracle CEO Larry Ellison has settled a battle with San Francisco neighbors over charges that the growth of their trees was spoiling his view [WSJ, more] And the city of Charlotte, N.C., has fined a local church $4,000, or $100 a branch, for excessively trimming crape myrtle trees on its own property under a city tree ordinance [Brittany Penland, Charlotte Observer via Amy Alkon]

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“A judge [last week] threw out a lawsuit filed by a Duluth physician who said he was defamed by a man who publicly criticized his bedside manner.” [Grand Forks Herald, earlier] More: Heller, OnPoint News.

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“Though blogger John (Johnny Northside) Hoff told the truth when he linked ex-community leader Jerry Moore to a high-profile mortgage fraud, the scathing blog post that got Moore fired justifies $60,000 in damages, a Hennepin County jury decided Friday.” Moore, who was fired by the University of Minnesota after the post appeared, sued on a theory of “tortious interference” with his employment. [Minneapolis Star-Tribune]

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March 15 roundup

by Walter Olson on March 15, 2011

  • “A conversation with class action objector Ted Frank” [American Lawyer]
  • Reviews of new Lester Brickman book Lawyer Barons [Dan Fisher/Forbes, Russell Jackson] Plus: interview at TortsProf; comments from Columbia legal ethicist William Simon [Legal Ethics Forum]
  • “Collective Bargaining for States But Not for Uncle Sam” [Adler] Examples of how Wisconsin public-sector unionism has worked in practice [Perry] Wisconsin cop union: nice business you got there, shame if anything were to happen to it [Sykes, WTMJ] “Union ‘rights’ that aren’t” [Jeff Jacoby, Boston Globe]
  • “Minnesota House Considering Significant Consumer Class Action Reform Measures” [Karlsgodt]
  • 10,000 lawyers at DoD? Rumsfeld complains military overlawyered [Althouse via Instapundit]
  • “Are Meritless Claims More Prevalent in Copyright?” [Boyden, Prawfs]
  • Claim: availability of punitive damages reduces rate of truck accidents. Really? [Curt Cutting]
  • Now with improved federalism: “The Return of the Lawsuit Abuse Reduction Act” [Carter Wood, more, earlier here].

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