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Is it Time To Review Your Liability Waiver?

Many businesses use liability waivers – a release signed by customers to prevent them from suing the business in the event they get hurt. At least, they are supposed to. In a recent Minnesota case, Price v. Fitness Together Maple Grove (Minn. App. 2017), a health club member was seriously injured after her personal trainer purportedly dropped a weight on her head. She sued the health club for her injuries. The health club relied on a waiver the member signed and argued that the waiver precluded the lawsuit. The Minnesota Court of Appeals disagreed, holding that the language of the...
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No-Fault Automobile Insurance

Automobile insurance can protect you from financial cost of an accident or an injury. No-fault automobile insurance is governed by state statute and requires the owner of every vehicle licensed in the state of Minnesota to provide insurance. Who is Covered? You are covered by the policy in your name. Any relative living in your home that does not have a policy in his or her name is covered by your policy. This includes a spouse, children or minor in your custody. A driver using your car with permission who is not covered by another policy will be covered by...
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Minnesota Workers’ Compensation Advisory Council Legislative Proposal

During its meeting on February 15, 2017, the Minnesota Workers’ Compensation Advisory Council (WCAC) discussed a legislative proposal to add post-traumatic stress disorder (PTSD) to the list of the presumptive occupational diseases covered under the workers’ compensation statute. The proposal comes from Senators Nick Frentz and Dan Schoen. Citing some statistics that show suicide rates for police officers and firefighters are more than double that of other occupations, as well as other environmental factors, such as a routine absence of choice of what dangers the police officers and firefighters are exposed to, the proposal would make PTSD a presumptive work-related...
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What is No-Fault Coverage?

No-fault coverage applies to expenses resulting from injuries sustained in an accident. It was established to help ease the burden of the courts ensuring proper treatment for accident victims. No-fault is the Personal Injury Protection (PIP) on your policy also referred to as Basic Economic Loss Benefits. No-fault covers your medical costs, wage loss, replacement services such as housekeeping and, in the event of death, money for funeral expenses. No-fault claims are first made on your own PIP policy. The minimum no-fault coverage is $40,000 as of 2017. This amount is available to each person injured in the accident. $20,000...
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Revocable Trust Reporting to Minnesota Department of Agriculture

There is legislation  currently working its way through both chambers of the Minnesota legislature that would eliminate the requirement that a revocable trust holding title to agricultural real estate register with the Minnesota Department of Agricultural.  The Minnesota corporate farm statute limits the type of entities that may legally own agricultural real estate.  The statute lists a number of exceptions to the corporate ownership prohibition.    One of these exceptions is farmland held by revocable trust.  Current law requires the trustee of a qualified trust to file an application with the Department of Agriculture for a certificate of compliance.  If approved,...
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Minnesota Supreme Court Clarifies Scope of Expungement Statute

The Minnesota Supreme Court has now clarified certain aspects of Minnesota’s expungement law. The issue is whether a criminal felony conviction, not able to be expunged on its own, can nonetheless be expunged if the conviction was deemed to be a misdemeanor under Minnesota law. One side of the argument says the answer is “yes” because the conviction is for a misdemeanor. The other side of the argument says the answer is “no” because the person was originally convicted of a felony. The Minnesota Supreme Court answered this question with a “no” – there is no opportunity for expungement of...
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Farrish Johnson Law Office Welcomes New Attorney

Farrish Johnson Law Office is pleased to announce the addition of our new attorney, Yuri Jelokov. Yuri focuses his practice in the areas of workers’ compensation law, Social Security disability law, and vaccine claims. After obtaining his law degree from William Mitchell College of Law in St. Paul, MN, Yuri spent several years practicing in Minneapolis, MN,as well as Bemidji, MN. Yuri has dedicated many hours to workers’ compensation litigation, from initial consultations, to settlement negotiations and trials. Yuri is actively involved in the Minnesota Association for Justice. A native of Tallinn, Estonia, Yuri speaks both English and Russian. For...
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Minnesota Homestead Property Tax

Many of us are not clear what the various abbreviations mean that our found on our real estate tax statement. How and why property receives homestead classification or non-homestead classification can be a mystery, particularly for those owning agricultural land. Losing homestead classification usually results in higher real estate taxes payable each year but the hidden loss may be the unavailability of the estate tax credit available to farmers. Under current law, qualified farmers have a Minnesota estate tax credit of $5 million. To qualify for these additional credit, the farm must be, among other things, taxed as homestead property....
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Rights for Minnesota Nursing Mothers

Minnesota law protects nursing mothers both inside and outside of the workplace. Mothers may breast-feed in any location, public or private, so long as the mother and child are authorized to be in that location. This generally includes places like parks, malls, stores, and restaurants. Minnesota law gives breast-feeding mothers additional rights in the workplace. Reasonable, unpaid break times must be given to an employee who needs to express breast milk. And reasonable efforts must be made to provide nursing mothers with a private room or other location – not a bathroom or toilet stall – to do so. The...
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