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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...
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Minor Settlements

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...
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Are Workplace Injuries Covered if I am now Working from Home?

Mankato Workplace Injury Attorney Minnesota Governor Tim Walz recently declared the coronavirus a “peacetime emergency”, and recommended certain actions for controlling its spread. One of those recommendations included asking businesses to allow teleworking whenever possible. With their workplace now redefined, many are wondering how that might affect their workers’ compensation benefits. Are employees still covered for an on-the-job injury while at home? Here is some vital information to know. Minnesota Workers’ Compensation Law According to the Minnesota Department of Labor and Industry (DLI), the state’s workers’ compensation system is a “no-fault system designed to provide benefits to employees who are injured as a...
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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...
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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...
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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...
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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...
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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...
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Structured Settlements

Structured settlements may provide financial security, particularly with an injury to a minor. A structured settlement provides an option for periodic payments, rather than a lump sum payment where you receive the full amount. Structures are utilized within personal injury claims on occasion and are more commonly used when there is an injury to a minor. Structured settlements are governed by Minnesota Statutes (MN Stat §549.30). In a structured settlement, the Plaintiff agrees to resolve a personal injury claim by receiving part or all of the settlement in the form of periodic payments, on an agreed schedule, rather than in...
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Contesting a Will

A will is an official legal document. Simply disliking the results of a will is not enough to justify a valid challenge to a will. Wills can be contested for a variety valid reasons including mental incapacity, undue influence, fraud, duress, and improper witnessing. Grounds for contesting a will. 1. Lacking Capacity The person who created the will did not have the testamentary capacity. If the testator is suffering from a serious mental impairment at the time the will was created, there may be a valid argument for contesting it. The test is to determine whether the person fully understood...
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