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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... Read More
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... Read More
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... Read More
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... Read More
Settlement Reached in Wrongful Death Lawsuit
A confidential settlement agreement was reached Thursday between the heirs and next of kin of James Nibbe and Jenifer Nibbe . The settlement was for the punitive portion of a wrongful death case that was filed against Jennifer Nibbe by James Nibbe’s family. During the first portion of the trial, a jury found that Jennifer Nibbe had caused the wrongful death of 26-year-old James Nibbe and should pay his family $220,000 in compensation for losses incurred as a result of his death. “We appreciate the jury and their hard work in what we recognize is a difficult decision,” Leslie Johnson,... Read More