The Duty to Preserve Evidence – Spoliation in Minnesota Litigation
Before you make the decision to start a lawsuit, you should be thinking about preserving evidence. When a lawsuit is anticipated or pending, potential parties should be aware from the outset that they may have an obligation to preserve evidence if they intend to use...
Providing for a Disabled Family Member: Supplemental Needs Trusts and Special Needs Trusts in Minnesota
Written and Current as of December 2014 People approach estate planning with many different goals in mind. When one of those goals is providing for the wellbeing of a disabled family member, special attention must be paid to ensure that provisions for the family...
How Do I Protect Myself from My Spouse in Minnesota?
Domestic violence is a very difficult area in family law and one that gets a lot of attention in the media, whether against a spouse or against the children in a family. Domestic violence is increasingly common in our society, both inside and outside of the marital...
DWI and Physical Control of a Motor Vehicle
A question I often get asked is, “Can you get a DWI/DUI if the officer didn’t see me drive or operate my vehicle?” The basic answer, if the laws are strictly black and white, is yes you can, however, the laws in Minnesota are anything but black and white and fall...
Do Grandparents Have the Right to See Their Grandchildren?
In most states, including Minnesota, it is assumed that grandparents will have the ability to see their grandchildren when their own child has the children with him or her. Obviously, this won’t happen if the parent (child of the grandparents) is deceased. It will...
No Fault Insurance and the Payment of Medical Bills in Minnesota
I was injured in a car accident that was not my fault, who pays my medical expenses? You may be surprised to hear that under Minnesota law, typically, your own automobile insurance company pays your medical expenses if you are injured in an automobile accident...
What Changes Are Going To Occur In Statues Affecting Minnesota Limited Liability Companies In 2015
Minnesota is part of a nationwide movement to simplify and unify the regulations that affect the operation of limited liability companies internally and between the states. The Minnesota Revised Uniform Limited Liability Company Act was signed into law on April 8,...
How to Draft a Complaint in Minnesota State Courts – Possibility vs. Plausibility
For many years, notice pleading was the preferred standard in both Minnesota and federal courts, and until 2007, a Minnesota lawyer drafting a civil complaint simply wrote “a short and plain statement of the claim showing that the pleader is entitled to relief.” But...
Criminal Vehicular Homicide in Minnesota
Driver beware. A lot of motorists in Minnesota assume that they are only responsible for actions they directly cause. However, the law can also bind you to acts done by others if it is “reasonably foreseeable” that your negligent actions placed another in harm’s...