Who Owns the Dog?
Let’s say you own a dog named Oliver. You love this dog very much but move away for school, so you ask a friend to keep him. Your friend agrees. When you return from school two years later, you ask for Oliver back, but your friend refuses to return Oliver to you. Whose dog is it? This fact situation is actually quite common in our society. The Minnesota Court of Appeals recently decided this very issue in the case Zephier v. Agate. The question turned on whether Oliver was “abandoned” property in the legal sense. As a general rule, property... Read More
Farrish Johnson attorneys Scott Kelly and Daniel Bellig recently secured several settlements for injuries to children arising from motor vehicle, snowmobile, and property accidents. Parents or guardians must bring personal injury claims on behalf of a minor child and all minor settlements must be court approved. Farrish Johnson will work with you to secure the best possible settlement of your child’s claim, including submitting the claim to the proper insurance companies, assisting with payment of medical bills and medical liens, and obtaining court approval of any settlement. If your child has been injured by another’s negligence, let Farrish Johnson’s personal... Read More
Personal Injury Attorneys
Farrish Johnson attorney Daniel Bellig recently obtained an excellent settlement in a car versus motorcycle accident. The plaintiff alleged that the driver of the car failed to yield the right of way to his oncoming motorcycle by making a left hand turn across the motorcycle’s lane of traffic. The car crushed the plaintiff’s leg against his motorcycle. His injuries ultimately required a below the knee amputation of the crushed leg. If you have been seriously injured by another’s negligence, Farrish Johnson’s personal injury attorneys can assist you with resolving medical bills, obtaining economic loss benefits, and securing pain and suffering... Read More
Case Law Update
Due to the coronavirus, Minnesota Governor Tim Walz signed executive order 20-01, postponing deadlines imposed by statute, including statutes of limitations. Governor Walz passed legislation suspending all statutes of limitations for 60 days after the end of the “peacetime emergency declaration.” The effective date of the statute is March 13, 2020; see Legislative Tolling Statutory Deadlines. It is unknown at this time what is specifically meant by the end of the “peace- time emergency declaration.” Please contact attorney Scott Kelly via email or call 507-625-2525 for further information.
New Federal Legislation Requires Paid Time Off Related to COVID-19
On March 18, Congress enacted the Families First Coronavirus Response Act which imposes obligations on many employers to provide temporary paid benefits to employees. There are two separate laws which impose obligations on those employers who employ less than 500 employees. Therefore, this law impacts many small businesses. Paid Medical Leave The first new law is called the Emergency Family Medical Leave Expansion Act. Basically, it is Emergency FMLA. But unlike normal FMLA requirements, this Emergency FMLA applies to employers with less than 500 employees and employees who have worked at their place of employment for 30 or more calendar... Read More
COVID-19 Virus Concerns Trigger Estate Planning Questions
Do I need a living will or healthcare directive? Should I have a power of attorney in place? Does my will or trust need to be updated? These are some of the questions people are asking in the wake of growing concerns over the COVID-19 outbreak. Changes in the size and nature of your estate, your familial structure and family relations, as well as changes in the law are just few examples of events that can drastically and materially affect an outdated comprehensive estate plan. Under normal circumstances, these concerns are not top of the mind. But a global health... Read More
Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic
Leaders from the American Academy of Matrimonial Lawyers (AAML) and AFCC have released guidelines for coparenting during the COVID-19 pandemic. Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic 1. BE HEALTHY. Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media. 2. BE MINDFUL. Be honest... Read More
Minnesota CLE Replays Suspended–Updated
Due to COVID-19, Minnesota CLE has suspended all in-person CLE Replays from March 16th through May 8th. Therefore, the following replays at our office will be cancelled: Estate Planning, Probate & Trust Law 50 Friday, March 27, 2020 Uninsured, Underinsured, No-Fault & Bodily Injury Update Thursday, April 9, 2020 The SECURE Act Friday, April 17, 2020 Advising the Disadvantaged Session – Day 1 and Day 2 Thursday, April 30, 2020 Understanding Trusts–Practical Advice on Creating & Administering Trusts Friday, May 8, 2020 Minnesota CLE will be converting this CLE replay to their “On Demand classroom,” so it may be streamed... Read More
What is the Minnesota Fathers’ Adoption Registry?
When a child is born during a marriage, the mother and father are both listed on the child’s birth certificate. However, when a child is born to two unwed parents, the Minnesota Fathers’ Adoption Registry will likely come into play. The Minnesota Fathers’ Adoption Registry is run by the Minnesota Department of Health, and it is for fathers who: • Were not married to the mother of their presumed child when the child was born; and • Have not asked a court to name them as a child’s legal father OR • Have not signed a Recognition of Parentage form... Read More
New Child-Focused Parenting Time Guide Highlights Parenting Time Considerations for Children of All Developmental Stages
In August 2019, the Minnesota Judicial Branch published the “Child-Focused Parenting Time Guide.” The Child-Focused Parenting Time Guide (“Guide”) was prepared by the Minnesota State Court Administrator’s Advisory Committee on Child-Focused Parenting Time. This new Guide serves to update the “Parental Guide to Making Child-Focused Parenting Time Decisions,” which was originally published in January 1999, and updated again in January 2001. Since the older guide was originally published, there has been new information and developments regarding child development and parenting time. Based upon this new information, the State Court Administrator’s Office created an Advisory Committee on Child-Focused Parenting Time for... Read More