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	<title>MinnLawyer Blog</title>
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	<link>http://minnlawyer.com/minnlawyerblog</link>
	<description>If it’s legal, you can discuss it here</description>
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		<title>Hennesy appointed to bench in Seventh District</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/02/03/hennesy-appointed-to-bench-in-seventh-district/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/02/03/hennesy-appointed-to-bench-in-seventh-district/#comments</comments>
		<pubDate>Fri, 03 Feb 2012 20:21:15 +0000</pubDate>
		<dc:creator>Barbara L. Jones</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4756</guid>
		<description><![CDATA[Hennesy is a legal aid attorney in St. Cloud.]]></description>
			<content:encoded><![CDATA[<p>St. Cloud attorney Sarah Hennesy has been appointed to the bench in the Seventh Judicial District. Hennesy will replace Judge Steven P. Ruble,  who retired at the end of 2011. </p>
<div id="attachment_4758" class="wp-caption alignright" style="width: 75px"><a href="http://minnlawyer.com/minnlawyerblog/files/2012/02/hennesy-headshot1.jpg"><img class="size-thumbnail wp-image-4758" title="hennesy headshot" src="http://minnlawyer.com/minnlawyerblog/files/2012/02/hennesy-headshot1-65x75.jpg" alt="" width="65" height="75" /></a><p class="wp-caption-text">Hennesy</p></div>
<p>Hennesy is a civil legal aid attorney with Saint Cloud Area Legal Services where she practices in family, government assistance and Social Security law. Hennesy led her office’s collaboration with Stearns County’s Domestic Violence Court. Previously, she worked as an associate attorney with Damiani &amp; Damiani, P.C., representing English and Spanish-speaking clients in criminal and family law matters. Hennesy also served as Deputy Public Defender with the Alexandria Public Defender’s Office in Virginia. She received a B.A. from Central College in Pella, IA in 1991; and a J.D. from Drake Law School in Des Moines, IA in 1994.<br />
 <br />
Additionally, Hennesy is co-chair of the Stearns County Family Violence Council and is a member of the Saint Cloud Area Human Rights Commission. She served as a Guardian ad litem for low-income individuals and is a member of the Oak Hill Elementary School Parent Teacher Student Association.</p>
<p>Minnesota’s Seventh Judicial District consists of Becker, Benton, Clay, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd and Wadena counties</p>
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		<title>&#8216;Tort reforms lands in the House&#8217;</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/02/03/tort-reforms-lands-in-the-house/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/02/03/tort-reforms-lands-in-the-house/#comments</comments>
		<pubDate>Fri, 03 Feb 2012 19:13:16 +0000</pubDate>
		<dc:creator>Barbara L. Jones</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4752</guid>
		<description><![CDATA[That nice 6-year statute of limitations will be reduced to four years if a Republican bill in the house is passed.  That and three other tort reform bills passed the House this week.  You may recall  similar bills  passed the Senate last year. Politics in Minnesota has the story here.
]]></description>
			<content:encoded><![CDATA[<p><a href="http://minnlawyer.com/minnlawyerblog/files/2012/02/capitol-dome.jpg"><img class="alignright size-thumbnail wp-image-4753" title="capitol dome" src="http://minnlawyer.com/minnlawyerblog/files/2012/02/capitol-dome-65x75.jpg" alt="" width="65" height="75" /></a>That nice 6-year statute of limitations will be reduced to four years if a Republican bill in the house is passed.  That and three other tort reform bills passed the House this week.  You may recall  similar bills  passed the Senate last year. Politics in Minnesota has the story <a href="http://http://politicsinminnesota.com/2012/02/tort-reform-lands-in-the-house/">here.</a></p>
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		<title>Occupy This</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/02/02/occupy-this/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/02/02/occupy-this/#comments</comments>
		<pubDate>Thu, 02 Feb 2012 15:15:39 +0000</pubDate>
		<dc:creator>Patrick Thornton</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4743</guid>
		<description><![CDATA[Hennepin County settles with OWS-MN protester for $15k]]></description>
			<content:encoded><![CDATA[<p><a href="http://minnlawyer.com/minnlawyerblog/files/2012/02/Occupy.Dayton.jpg"><img class="alignleft size-medium wp-image-4744" title="Occupy.Dayton" src="http://minnlawyer.com/minnlawyerblog/files/2012/02/Occupy.Dayton-177x300.jpg" alt="" width="177" height="300" /></a>Hennepin County agreed to pay an Occupy Minnesota protester $15,000 as part of a settlement. The woman was cited for trespassing at the Hennepin County Government Center in October for writing in chalk on the grounds. A few days later she was arrested by sheriff’s deputies while standing on the sidewalk and barred from the property for two years.</p>
<p>As part of the settlement, the woman is allowed back at the government center. The county also agreed to change its process that allows for citizens to challenge decisions that bar them from public property.</p>
<p>The woman was represented by Jordan Kushner, a Minneapolis lawyer who has carved out a niche practice representing clients arrested by police for protesting. Kushner represented members of the so-called RNC 8, eight people who were arrested and charged with conspiracy and other charges at the 2008 Republican National Convention. He also represented seven people who were arrested by the Minneapolis police for dressing like zombies and walking through downtown in 2006. The city agreed to $165,000 settlement in that case.</p>
<blockquote><p>&#8220;I feel I was vindicated,&#8221; the protester said. &#8220;I was arrested on a public sidewalk. This sends a strong message that they can&#8217;t be misusing their trespass policy to suppress free speech.&#8221;</p></blockquote>
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		<title>Frustrated health dept. begins destroying blood samples</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/01/31/frustrated-health-dept-begins-destroying-blood-samples/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/01/31/frustrated-health-dept-begins-destroying-blood-samples/#comments</comments>
		<pubDate>Tue, 31 Jan 2012 21:26:10 +0000</pubDate>
		<dc:creator>Barbara L. Jones</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4740</guid>
		<description><![CDATA[The department is following the Supreme Court's ruling in Bearder.]]></description>
			<content:encoded><![CDATA[<p>The Minnesota Department of Health has been given permission by Hennepin County District Court Judge Mel Dickstein to begin destroying the blood spot collection cards of approximately 200 infants born each day in Minnesota in order to comply with a recent Minnesota Supreme Court decision. The destruction will include all those specimens received on or after Nov.16, 2011, the date of the <em>Bearder v. Minnesota</em> ruling.<a href="http://minnlawyer.com/minnlawyerblog/files/2012/01/baby1.jpg"><img class="alignright size-thumbnail wp-image-4741" title="baby1" src="http://minnlawyer.com/minnlawyerblog/files/2012/01/baby1-65x75.jpg" alt="" width="65" height="75" /></a></p>
<p>Judge Dickstein ruled after a Jan. 26 hearing that the department may begin the process of destroying the specimens on Jan. 27, the day after a 71-day retention period sought in court filings. Seventy-one days is the amount of time needed to assure confirmation of a positive diagnosis for the 53 heritable or congenital disorders screened for by the Newborn Screening Program.</p>
<p>The press release included an angry comment by Minnesota Health Commissioner Dr. Edward Ehlinger.</p>
<p>“For the first time in almost 20 years, we’re going to begin destroying a valuable public health resource, the residual blood spots from about 200 babies born in Minnesota each day,” he said “While we are aware that destroying newborn screening blood spots after 71 days will compromise our ability to assure the quality and accuracy of the newborn screening program, we believe it is necessary to take this step in order to comply with the Supreme Court’s decision in the <em>Bearder </em>case<em>.</em>”</p>
<p>More on the department’s frustration with <em>Bearder</em> is available <a href="http://www.health.state.mn.us/news/pressrel/2012/newborn013112.html">here</a>.</p>
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		<title>House to vote Wed. on interlocutory appeal</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/01/31/house-to-vote-wed-on-interlocutory-appeal/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/01/31/house-to-vote-wed-on-interlocutory-appeal/#comments</comments>
		<pubDate>Tue, 31 Jan 2012 16:45:35 +0000</pubDate>
		<dc:creator>Patrick Thornton</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4735</guid>
		<description><![CDATA[Author says automatic appeal in class action cases will save the state $41,000 a year ]]></description>
			<content:encoded><![CDATA[<p>The Minnesota House of Representatives is set to vote on establishing  an interlocutory appeal for all class action lawsuits tomorrow.<a href="http://minnlawyer.com/minnlawyerblog/files/2012/01/Wardlow.jpg"><img class="alignright size-medium wp-image-4736" title="Wardlow" src="http://minnlawyer.com/minnlawyerblog/files/2012/01/Wardlow-231x300.jpg" alt="" width="231" height="300" /></a></p>
<p>The  bill (<a href="http://www.house.leg.state.mn.us/bills/billnum.asp?Billnumber=HF211&amp;ls_year=87&amp;session_year=2011&amp;session_number=0" target="_blank">HF 211</a>) is a holdover from the 2011 legislative session that was  originally rolled into a “tort reform” package of bills.</p>
<p>The bill  establishes the so called interlocutory appeal, whereby defense  attorneys could immediately appeal a judge’s decision to certify a class  in a lawsuit to the Court of Appeals. During the appeal phase,  discovery and other proceedings would be stopped until a decision on the  validity of the class. Defense lawyers have pushed for the  interlocutory appeal because they say it saves companies money by not  having to spend money on legal fees on what could be a bogus claim.  Plaintiff’s attorneys say that the courts already have an appeals  process at the end of a case.</p>
<p>The bill also increases the  threshold for filing a civil claim in conciliation court to $10,000.</p>
<p>The  bill’s chief author, Rep. Doug Wardlow, R-Eagan, said the interlocutory  appeal will save the state about $41,000 annually and expedite the  judicial process.</p>
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		<title>Six lawyers added to Winthop&#8217;s IP department</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/01/31/six-lawyers-added-to-winthops-ip-department/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/01/31/six-lawyers-added-to-winthops-ip-department/#comments</comments>
		<pubDate>Tue, 31 Jan 2012 16:22:44 +0000</pubDate>
		<dc:creator>Barbara L. Jones</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4733</guid>
		<description><![CDATA[The lawyers are all from Dorsey &#38; Whitney.]]></description>
			<content:encoded><![CDATA[<p>Winthrop &amp; Weinstine is expanding its IP practice in a big way with the addition of six former Dorsey lawyers.</p>
<p>Devan V. Padmanabhan, Sri K. Sankaran, Paul J. Robbennolt, Michelle E. Dawson, Brett A. Klein and Nathan J. Witzany have joined the firm’s  Intellectual Property department.  Padmanabhan will lead the firm’s Patent Litigation practice.  He and Sankaran joined the firm as shareholders.</p>
<p>In a new release, Scott Dongoske, firm president, said, “We are thrilled with the addition of these attorneys to the firm. Their experience, commitment to client service, and entrepreneurial energy are exactly the right fit for the firm now and for the future growth of the firm and our clients. These attorneys are among Minnesota’s leading IP attorneys, and their experience and relationships add tremendous depth to our growing Intellectual Property department.”</p>
<p>With the addition of this IP team, the firm now employs 102 attorneys.</p>
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		<title>Broadkorb&#8217;s lawyer: game on</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/01/30/broadkorbs-lawyer-game-on/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/01/30/broadkorbs-lawyer-game-on/#comments</comments>
		<pubDate>Mon, 30 Jan 2012 20:58:33 +0000</pubDate>
		<dc:creator>Barbara L. Jones</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4730</guid>
		<description><![CDATA[Broadkorb wants the Senate to mediate with him.]]></description>
			<content:encoded><![CDATA[<div id="attachment_4731" class="wp-caption alignright" style="width: 75px"><a href="http://minnlawyer.com/minnlawyerblog/files/2012/01/VillaumePhilip_B.jpg"><img class="size-thumbnail wp-image-4731" title="VillaumePhilip_B" src="http://minnlawyer.com/minnlawyerblog/files/2012/01/VillaumePhilip_B-65x75.jpg" alt="" width="65" height="75" /></a><p class="wp-caption-text">Phil Villaume</p></div>
<p>Phil Villaume of Bloomington has confirmed that he has been retained by Michael Broadkorb to explore legal issues relating to Broadkorb’s recent firing by the Senate.  “We’re trying to get them into mediation,” Villaume told Minnesota Lawyer.  He said he has not been able to reach the Senate’s attorney, Dayle Nolan, but if mediation isn’t on the table he will put the matter in suit.  Broadkorb does not want his job back, Villaume said.  “We want a financial settlement.”</p>
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		<title>Minneapolis lawyer accused of neglecting clients but keeping funds</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/01/30/minneapolis-lawyer-accused-of-neglecting-clients-but-keeping-funds/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/01/30/minneapolis-lawyer-accused-of-neglecting-clients-but-keeping-funds/#comments</comments>
		<pubDate>Mon, 30 Jan 2012 17:30:24 +0000</pubDate>
		<dc:creator>Patrick Thornton</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4727</guid>
		<description><![CDATA[Lawyers Professional Responsibility Board levels 5 counts in petition seeking discipline ]]></description>
			<content:encoded><![CDATA[<p>The Office of Lawyers Professional Responsibility filed a petition for public discipline this morning against Minneapolis solo practitioner Shana Gail Buchanan. Buchanan was disciplined once before by the office in 2006 for failure to deposit a check from a client into a trust account. She was admitted to practice in 2003 but is currently authorized to practice law for failure to pay attorney registration fees.</p>
<p>The complaint a pattern of Buchanan agreeing to take on a client’s appeal, accepting a retainer, but performing little or no work on behalf of the client, often while she was suspended from the practice.</p>
<p>She is accused of filing deficient and incomplete materials on behalf of a client matter that started in 2010. She neglected to include the necessary materials in order for the clerk’s office to process the filing and missed deadlines to file briefs with the court in the case which resulted in the dismissal of her client’s appeal.  She routinely asked for extensions and to reschedule court appearances and did not notify opposing counsel of the scheduling changes.</p>
<p>She was also hired in 2009 to represent a client convicted of first degree murder on appeal. The office alleges she did not perform any legal services on behalf of the client, but kept a $7,500 retainer, she did not return any of the client’s file after she was removed as counsel and neglected the client’s matter through non communication.</p>
<p>In 2010 she was hired to represent a man convicted of wire fraud and money laundering on appeal. Again she was removed as counsel for not communicating with her client and failure to respond to court orders. She deposited client funds without earning them and failed to obtain her client’s signature on a retainer agreement.</p>
<p>In 2010, she was hired to represent a man convicted of second degree murder and accepted approximately $1,900 in retainer fees. She failed to file any post conviction relief papers on behalf of the client and did not advise the client on the status of his case. She eventually abandoned the case and failed to return any of the documents.</p>
<p>She is also accused of ignoring and not cooperating with the Office during its investigation into an ethics complaint filed against her. Buchanan has 20 days to respond to the petition.</p>
<p>According to her website, Buchanan graduated from William Mitchell College of Law in 2004 and opened her own practice in 2006. Buchanan served as law clerk to the Judge Tanja K. Manrique in Hennepin County District Court and to Judge Stephen J. Askew in Anoka County District Court.</p>
<p>A copy of the petition is available <a href="http://minnlawyer.com/wp-files//buchanan-petition.pdf" target="_blank">here</a>.</p>
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		<title>Former Supreme Court Chief Justice dies at 96</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/01/27/former-supreme-court-chief-justice-dies-at-96/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/01/27/former-supreme-court-chief-justice-dies-at-96/#comments</comments>
		<pubDate>Fri, 27 Jan 2012 14:53:22 +0000</pubDate>
		<dc:creator>Patrick Thornton</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4725</guid>
		<description><![CDATA[Robert Sheran served two terms on the court ]]></description>
			<content:encoded><![CDATA[<p>Robert Sheran, a former Chief Justice of the Minnesota Supreme Court, died <a href="http://www.minnpost.com/politicalagenda/2012/01/26/34640/former_state_chief_justice_sheran_has_died_at_age_96" target="_blank">earlier this week at 96</a>.</p>
<p>He was appointed to the court in 1971 by Gov. Wendell Anderson and served until 1981. He also served an earlier term as an associate justice on the court and was an FBI special agent in the 1940s.</p>
<p>His daughter Kathy Sheran is a DFL state senator from Mankato.</p>
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		<title>GPS violated 4th Amendment, Supreme Court rules</title>
		<link>http://minnlawyer.com/minnlawyerblog/2012/01/23/gps-violated-4th-amendment-supreme-court-rules/</link>
		<comments>http://minnlawyer.com/minnlawyerblog/2012/01/23/gps-violated-4th-amendment-supreme-court-rules/#comments</comments>
		<pubDate>Mon, 23 Jan 2012 19:50:49 +0000</pubDate>
		<dc:creator>Barbara L. Jones</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://minnlawyer.com/minnlawyerblog/?p=4721</guid>
		<description><![CDATA[The justices were divided on whether their holding should be based on search and seizure or privacy law.]]></description>
			<content:encoded><![CDATA[<p>Attaching a GPS to a car for the purposes of gathering evidence is a search and is prohibited by the Fourth Amendment, the U.S. Supreme Court has ruled.   The justices were unanimous in their opinion in <em><a href="http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf">U.S. v. Jones</a></em>, but divided on the rationale.  While the majority based its holding on search and seizure law, Justice Samuel Alito’s concurrence said the court should rely on whether the respondent’s reasonable expectations of privacy were violated.  Justice Sonia Sotomayor joined the majority opinion, authored by Justice Antonin Scalia, but also wrote a separate concurrence to suggest that the court may need to revisit privacy issues. Also joining in the majority were Chief Justice John Roberts and Justices Clarence Thomas and Anthony Kennedy.</p>
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