Witness to History: 1945
This week in 1945, President Franklin Delano Roosevelt was sworn in for an unprecedented fourth term in office. In 1945, Attorney Henry M. Gallagher returned to the Farrish Johnson Law Office after serving seven years as MN Supreme Court Chief Justice. FDR Franklin Delano Roosevelt, commonly known as FDR, was an American statesman and political leader who served as the 32nd president of the United States from 1933 until his death in 1945. He is often rated by scholars as one of the three greatest U.S. presidents, along with George Washington and Abraham Lincoln. Roosevelt was born in 1882. He... Read More
Witness to History: 1893
In 1893 Katharine Lee Bates penned the words of a poem that would eventually become the song, “America the Beautiful.” In Mankato that same year, Harrison L. Schmitt opened a legal practice that would eventually become Farrish Johnson Law Office. Katharine Lee Bates In 1893, at the age of 33, Katharine Lee Bates, on a trip to Colorado Springs, penned the words to what is now known as the song “America the Beautiful.” Bates originally wrote the words as a poem, “Pike’s Peak,” first published in the Fourth of July edition of the church periodical, The Congregationalist. The sites on her... Read More
Genetic Testing
In recent years there has been an interest in genetic testing. For $100 or more, you can have your DNA tested for genetic health risks including late onset Alzheimer’s and Parkinson’s disease. The testing determines whether you are a carrier for over 40 different conditions. The test results are confidential, unless you share the test results with your physician or health care providers. If you share the information, the information may become part of your medical record and ultimately accessible by other health care providers, insurance companies, etc. While there are safeguards in place at the state and federal level... Read More
Henrietta Lacks, Oprah, Science and the Right of Privacy
Oprah’s HBO movie The Immortal Life of Henrietta Lacks, based on the New York Times bestseller, highlights the issues between ethics, race, medicine and the right of privacy. Henrietta Lacks, a poor, black, cancer-stricken woman had tissue taken from her without her consent in the 1950’s. Her cells, known as HeLa, became an important part in medicine, vital for developing the polio vaccine, in vitro fertilization, cloning and gene mapping and have been used in the medical field since the early 1950’s for medical research. For years her own family had no idea her cells were being used in this... Read More
Federal Real ID Laws in Minnesota
Minnesota is one of the last states out of compliance with the Federal Real ID Law which sets minimum security standards for state issued driver’s licenses and identification cards. The deadline to come into compliance is early 2018. If Minnesota fails to come into compliance, Minnesotans risk losing access to commercial aircrafts and to federal and military facilities. While there are issues of privacy, the primary issue in the legislature appears to be the requirement to prove citizenship. Republicans generally oppose providing driver’s licenses to undocumented immigrants. Democrats argue having to prove citizenship would prevent undocumented immigrants from getting even... Read More
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... Read More
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... Read More
Jesse Ventura — $1.8 Million Dollar Verdict Reversed on Appeal
The Eighth Circuit for the United States Court of Appeals reversed an award to Jesse Ventura of $1.8 million dollars against the “American Sniper” Chris Kyle’s estate. Jesse Ventura filed a defamation, misappropriation and unjust enrichment claim alleging Kyle fabricated a story about Ventura and a fight that allegedly occurred in October of 2006. Ventura claimed he was defamed by Chris Kyle in television and radio interviews. Kyle asserted Ventura said “he hates America,” the SEALs “were killing men and women and children and murdering,” and the SEALs “deserve to lose a few.” Numerous witnesses were called to testify at... Read More
Cell Phones & Driving Accidents
According to the Minnesota Department of Public Safety, each year 1 in 4 automobile crashes is due to distracted driving, resulting in at least 70 deaths and 350 serious injuries. Experts estimate the numbers are vastly underestimated and under-reported due to law enforcement’s challenge in determining distraction as a crash factor. It is illegal for drivers to read, compose, and/or send text messages or e-mails, or access the internet on a wireless device while the vehicle is in motion or part of traffic, including stopped in traffic or at a traffic light. Minn. Stat. § 169.475 For teen drivers under... Read More
Wells Fargo and Arbitration Clauses
Minnesota Attorney General Lori Swanson wants Wells Fargo to let customers sue the bank to resolve disputes over accounts opened without consumer authorization. That means Wells Fargo will have to forgo enforcing the mandatory arbitration clause included in its consumer contracts. Earlier this month regulators fined Wells Fargo $185 million for opening checking and credit card accounts on behalf of customers who had no idea that was happening. Over a five-year period some 2 million credit cards and deposit accounts were opened that were not authorized by the bank’s customers. While Wells Fargo has promised to make restitution, the bigger... Read More