- DWI Enhancement: Aggravating Factors Under Minnesota Law
Posted December 1, 2009, 2:44 pm
DWI charges in Minnesota range from misdemeanors to felony-level offenses. The severity of the offense is determined by the number of "aggravating factors" that might be present for a particular drunk driving incident. Aggravating factors in Minnesota include: (1) a qualified prior "impaired driving incident" within the preceding 10 years; (2) an alcohol concentration of .20 or greater at the time of the offense; or (3) the presence of a child under age 16 in the vehicle (if more than three...
- Equity Will Not Save An Airman From Dismissal Of A Late-Filed Appeal
Posted December 1, 2009, 9:05 am
In a recent case, Administrator v. Gallaway, the FAA issued an emergency order revoking the airman's private pilot certificate. The airman filed an appeal of the FAA's order with the NTSB over a week after it was due. The FAA then moved to dismiss the appeal based upon the untimely filing. The Administrative Law Judge ("ALJ") granted the FAA's motion finding that the airman did not have good cause for the untimely filing. The airman then appealed the dismissal to the full Board. On appeal, the...
- Ramsay Wins Another DWI Blood Test Case
Posted December 1, 2009, 6:00 am
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- Debt Collection, Garnishment, and Joint Bank Accounts...The Minnesota Supreme Court Consulted
Posted November 30, 2009, 8:54 am by Seth Leventhal
This past summer, the United States District Court (D. Minn. (Ericksen, J.)) certified a number of questions to the Minnesota Supreme Court to be argued before the Minnesota Supreme Court tomorrow morning (12/1/09) in Savig vs. First National Bank of Omaha and Messerli & Kramer, P.A., Case No. A09-1221. The Minnesota Supreme Court will answer three questions put to it by the federal district court: (1) may a judgment creditor serve a garnishment summons on a joint account to satisfy the...
- Double Negatives in Branding: Nobody Doesn't = Everybody Does?
Posted November 29, 2009, 10:04 pm
There is a time and a place for the use of double negatives. The Rolling Stones made the double negative "I Can't Get No" lyrics famous in the legendary hit Satisfaction (#2 on Rolling Stone Magazine's List of the Top Songs of All Time). Pink Floyd made the double negative lyrical phrase "We Don't Need No" famous in the song Another Brick in The Wall, Part 2. With respect to song titles, what about Diana Ross' recording of the double negative Ain't No Mountain High Enough? Despite these widely...
- Wrongful Death of a Child: Minnesota Law Provides Parents an Opportunity to Receive Compensation for Their Loss
Posted November 29, 2009, 2:44 pm
The death of a loved one is an absolute loss, irrespective of the age of the decedent. No amount of money will ever make the surviving familiy members whole. Because the legal system often assesses a loss in terms of monetary damages, it takes the age of the decedent into consideration evaluating the value of a wrongful death case. In the instance of a wrongful death of a child, it can be difficult to seek a financial recovery, as a minor child typically does not contribute any financial income...
- Minnesota Failure to Diagnose Lawyer Concerned About Increasing Number of Malpractice Cases Based on a Doctor's Failure to Properly Diagnose
Posted November 29, 2009, 1:49 pm
A failure to diagnose a medical condition is one of the most common forms of medical malpractice. Nearly 40% of all malpractice cases involve a failure to diagnose. It is the primary responsibility of a doctor to diagnose a medical condition correctly and accurately. In the instance of unclear symptoms or if the doctor is unable to diagnose the signs and symptoms with certainty, then it is the doctor's responsibility to refer the patient to a specialist. In addition to the medical personnel,...
- Branding Exclamations!
Posted November 29, 2009, 10:27 am
Can you name the owner of this exclamation mark branding signal? You may be surprised to learn it is federally-registered in the U.S. as a stand-alone non-verbal trademark. You may be even more surprised to learn, it was federally-registered without a showing of secondary meaning or acquired distinctiveness, because it was viewed as an inherently distinctive non-verbal trademark. This is no ordinary exclamation mark, however, the trademark owner claims it in a 3D appearance, does that help?...
- Is An Indpendent Medical Examination Really Independent?
Posted November 29, 2009, 5:04 am by MN Disability and Atkinson Law Offices
What do you think? NO an independent examination is not independent but rather ADVERSE to your interests and those of your treating physicians. I have previously posted on this issue months ago but it is such an important issue, I think it's necessary to discuss this issue once again. There is NEVER a good intention on the part of an insurance company in having you seen by THEIR doctor for an "independent" medical examination. The intent is to cut off your benefits and limit their exposure...
- Minnesota Auto Accident Lawyers Will Conduct Crash Investigation to Determine Liability
Posted November 28, 2009, 6:49 pm
Every year, more than 40,000 people are killed in auto accidents in Minnesota and around the country. Those statistics have been on the decline for a few years now, as law enforcement authorities and transportation agencies have collaborated to lower those numbers. But, we still lose thousands of people in preventable accidents caused by negligent or reckless driving. It is estimated that 1 out of every 100 people in the US will be involved in an auto accident in any given year. Very often,...
- Milavetz, Gallop & Milavetz: On the Threshold of the U.S. Supreme Court
Posted November 28, 2009, 6:18 am by Seth Leventhal
The Edina law firm's trip to the U.S. Supreme Court was previously covered here. Now, Marcia Coyle, of Law.com, has published a backgrounder (relating, for example, how, after putting himself through law school while working as a prison guard and raising three children, Robert Milavetz became a legal aid lawyer until he opened his own practice in 1963.)
- Black Friday: On Your Marks . . . Get Set . . . CLICK!
Posted November 27, 2009, 3:00 am
I have never participated in early morning Black Friday sales. For me, those hours each year are most often spent peacefully enjoying the last fruits of a tryptophan-induced slumber. It is not just a lack of interest, either. There is a bit of loathing mixed in. For instance, my goal for the last two year's shopping seasons was not to go to the largest mall in the area. Increasingly, when I shop, as I stand in lines, fight traffic, and not find what I'm looking for, I repeatedly arrive at a...
- Happy Thanksgiving - Let the Holiday Season Begin
Posted November 26, 2009, 2:55 am
Today is Thanksgiving, and that means turkey, stuffing, cranberry sauce, football, family and friends. It also means that tomorrow is the official start of the Christmas season - although some jumped the gun ("a wag of my finger" to any business who has had their Christmas decorations up and holiday music playing for the last few weeks). It also marks the annual return of what I believe to be effective nostalgic advertising -- whether it's the ever-present Coca-Cola Polar Bears (more here,...
- SOURCE CODE UPDATE: ATTORNEY GENERAL FILES MOTIONS IN SUPREME COURT TO CONSOLODATE ALL IMPLIED CONSENT CASES IN THE STATE INVOLVING 5000EN SOURCE CODE CHALLENGES TO A SINGLE JUDGE OR PANEL OF JUDGES
Posted November 25, 2009, 11:19 am
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- Caveat Skier: Ski Resort Waiver of Liability AOK in Minnesota
Posted November 25, 2009, 8:14 am by Seth Leventhal
Neither disparate bargaining power nor public policy preclude enforcement of waivers in the context of ski resorts, the U.S. Court of Appeals for the Eighth Circuit held today. There is no Minnesota Supreme Court decision on point, but the Eighth Circuit, analogizing the case to sky-diving or horseback-riding, activities where Minnesota courts have upheld liability releases, concluded that Minnesota Supreme Court would conclude a ski resort "is not a necessary or public service and would find...
- MoneyGram Securities Fraud Class Action: Opposition to Motion to Certify Class & Redactions
Posted November 25, 2009, 3:59 am by Seth Leventhal
U.S. District Court Judge David Doty won't be deciding Plaintiffs' motion to certify class against MoneyGram until after a class certification hearing set for Feburary 10, 2010 but the opposition to the motion, below, is of interest on at least a few levels. First, the fact that MoneyGram is contesting class certification at all is of some interest but, unfortunately, raises issues far beyond the scope of this blog. In a nutshell, class certification for 10b-5 shareholder class actions is so...
- False Advertising Claims on the Rise
Posted November 25, 2009, 2:00 am
There was a very interesting article in the New York Times this weekend worth reading - Best Soup Ever? Suits Over Ads Now Seek Proof. The article addresses several recent issues raised by companies against competitors over statements or claims being made in advertisements. Specifically, companies are challenging the truth or implied truth in competitive ads in an attempt to get the ad withdrawn or changed. Apparently, the number of complaints over advertisements with the National Advertising...
- Petters Prognostication: Dean Don Lewis Weighs In
Posted November 25, 2009, 1:25 am by Seth Leventhal
The Wall Street Journal Law blog, Ashby Jones, interviews Dean Lewis as the Petters jury takes the balance of the week of for the holiday, to resume deliberation on Monday. Lewis: "I'd be stunned if he were acquitted."
- Getting Familiar With the Basics: A Planning Primer
Posted November 24, 2009, 2:00 am
It's the last quarter of the year, and if you haven't done your planning for 2010, I've got two things to say to you: 1) you're late (you undoubtedly know that), and 2) you're not alone. But whether you're in the middle of developing your 2010 plans, directing planning input from multiple sources, or reviewing plans for clarity and consistency, this blog's for you. Working with many different clients over the years, I have worked with many who have been given responsibility for planning who are...
- St. Paul Firefighter Found to Sustained Occupational Disease
Posted November 23, 2009, 4:10 pm by MN Disability and Atkinson Law Offices
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