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Cloned Credit Card Scheme Hits Mankato

White collar crimes are serious and when accused of one, it is important for there to be proper criminal representation in place. In the latest white collar crime to hit Mankato, business owners and residents are being advised to use caution when using credit cards in order to avoid falling victim to credit card fraud. One Albert Lea man was arrested early in March and was found to have dozens of cloned credit cards on him. He had thousands of dollars in products that he had purchased with the cards. All of this was found in the rental car that...
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Zero Tolerance Teacher Assault Bill Heard Before MN Senate

Teacher assaults have been an issue throughout Minnesota and the country. Now the Minnesota senate has opened hearings on the Zero Tolerance Teacher Assault bill that has been proposed. This comes in the wake of several high-profile assaults that happened to teachers in a number of Twin Cities schools. In one case, a substitute teacher was pushed by a seventh-grade student after the teacher took the student’s phone due to refusal to put it away. The student got up, used both hands, and slammed the teacher backward multiple times. Since the assault, the teacher has had neck and shoulder pain...
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Fighting for Your Rights

In 2014, Minnesota joined several states to offer compensation to persons who served time in prison for a crime they did not commit.  Wrongful convictions have been on the rise lately, thanks in large part to state “innocence projects” and have gained particular attention with the Netflix series, “Making a Murderer.” Attorneys Joseph Gangi and Daniel Bellig currently have an appeal pending before the Minnesota Court of Appeals, challenging application of the new compensation statute.  A judge denied an award of compensation to a person who was declared innocent by the Minnesota Supreme Court.  As written, the compensation statute requires...
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Fire Investigations–Origin and Cause Analysis

According to the National Fire Protection Association (NFPA), fires in the United States in 2012 resulted in an estimated $11.5 billion in direct property loss. With the staggering exposure to life and property, the cause of every fire and exposure must be carefully investigated. The recent fires in Madelia highlight not only the loss in terms of property, but loss to a community. Fire investigation is sometimes referred to as the origin and cause of fire investigation.  It is the analysis of fire-related incidents in an attempt to determine the origin and cause of a fire or explosion. Fire investigations are...
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Court Orders Apple, Inc. to Create New Technology Undermining its Encryption

 On February 16, 2016, a United States Federal Magistrate in California igniting a nation-wide debate over privacy and data security.  Apple notes while it believes the FBI’s intentions are good, what the FBI seeks has considerable implications. The FBI using an obscure law, the All Writs Act of 1789, obtained an order from the Federal Court compelling Apple to make a new version of the iPhone operating system, removing security features and developing new software capabilities to the operating system bypassing all encryption.  Apple is being ordered to create new technology to undermine its privacy-protection encryption.  According to Apple, the...
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Death of U.S. Supreme Court Justice Antonin Scalia

With the death of Justice Antonin Scalia, there has been quite a lot of debate regarding President Obama’s intentions to nominate a replacement.  Can he do this in the last year of his Presidency?  The simple answer is found in the very text of the U.S. Constitution, Article II, Section 2, which states that the President shall nominate and appoint judges to the Supreme Court, by and with the advice and consent of the Senate.  There is nothing in the text of the Constitution that limits a President’s nomination power to the first three years of the Presidency, or any...
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Expungement: Sealing Criminal Records

Criminal expungement is the process of going to court and asking a judge to seal court criminal records. People ask for an expungement when they have been denied a job, housing, or professional license because of their criminal background. Minnesota Statutes § 609A.02 lists specific situations when a court has the authority to seal government-held records. This list includes: Some first time drug possession offenses; Offences committed by juveniles who are prosecuted in adult criminal court; Cases that were resolved in your favor where you were found not guilty or where the case was dismissed; Petty misdemeanors, misdemeanors, and some...
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Madelia Office

  Farrish Johnson Law Office in Madelia did not sustain any damage in the recent fire downtown.  The building, client information and personnel are safe and secure. Regular business hours have resumed February 4. Our thoughts are with the businesses, families, and individuals affected by this tragedy in our community

Wrongful Death Settlement

Farrish Johnson Attorney Daniel Bellig recently settled a substantial and complex wrongful death claim arising out of an accident that occurred in Southern Minnesota.  The decedent, a father of four, was driving a semi-tractor and pulling a tanker of anhydrous ammonia.  He was killed when a farm tractor made a sudden left turn into a field approach.  The farm tractor struck the semi tractor and trailer.  The semi-tractor and trailer rolled into the ditch and adjoining field.  Annhydrous ammonia leaked from the semi’s tanker and the vapors entered the cab.  In addition to obtaining a lump sum monetary settlement from...
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Marital Communications–Camille Cosby

Camille Cosby has been subpoenaed to testify in a case of defamation brought against her husband, Bill Cosby.  On December 9, 2015, counsel served a deposition subpoena on Camille Cosby, seeking her deposition testimony in connection with claims brought by seven women claiming they were defamed by Bill Cosby.  On December 18, 2015, Camille Cosby filed a motion to quash her deposition subpoena, or in the alternative, for a  protective order. On December 31, 2014, the magistrate denied the motion, claiming the “Disqualification Rule” in Massachusetts does not limit a spouse from testifying as to their marital conversations in a...
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