Minnesota CLE Replays Suspended–Updated
Due to COVID-19, Minnesota CLE has suspended all in-person CLE Replays from March 16th through May 8th. Therefore, the following replays at our office will be cancelled: Estate Planning, Probate & Trust Law 50 Friday, March 27, 2020 Uninsured, Underinsured, No-Fault & Bodily Injury Update Thursday, April 9, 2020 The SECURE Act Friday, April 17, 2020 Advising the Disadvantaged Session – Day 1 and Day 2 Thursday, April 30, 2020 Understanding Trusts–Practical Advice on Creating & Administering Trusts Friday, May 8, 2020 Minnesota CLE will be converting this CLE replay to their “On Demand classroom,” so it may be streamed... Read More
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... Read More
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... Read More
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... Read More
Career Opportunities at Farrish Johnson Law Office
Farrish Johnson Law Office is a growing, well-respected, and award-winning law firm based in Mankato, Minnesota. Established in 1893, it is the 10th oldest firm in Minnesota. A full service firm with 14 areas of practice, Farrish Johnson is dedicated to providing clients with quality legal services and serving them with professional reliability and high ethical standards. Farrish Johnson offers competitive compensation and benefits, a comfortable and contemporary office, and engaging opportunities for professional growth. See more information below for current employment opportunities: ASSOCIATE ATTORNEY – FAMILY LAW AND EMPLOYMENT LAW – Mankato, MN: Farrish Johnson Law Office is a seven-attorney law firm... Read More
Minnesota’s Slow-Poke Law
You may have heard of the new “slow-poke” law which is advertised as prohibiting people from driving slow in the left lane. Not quite. The new law reads: “Upon a roadway with more than one lane in the same direction of travel, a person must move out of the left-most lane to allow another vehicle to pass, when practicable under existing conditions.” Thus, the law does not set a minimum speed for the left lane, but rather requires persons to get out of the left lane to allow another vehicle to pass – so long as it is practicable to... Read More
Minnesota’s New Hands-Free Law – What You Need to Know
Beginning August 1, 2019, Minnesota will become a “hand-free” state. Although Minnesota law already prohibited texting, emailing, and browsing while driving, drivers could still use a cell phone to make calls and do other things. The new law brings significant change. Here is what you need to know. The new general rule is that a driver may no longer use a cell phone when their vehicle is in motion or part of traffic to do the following: The driver cannot initiate, compose, send, retrieve, or ever read an electronic message. The driver cannot engage in cell phone calls, cannot initiate... Read More
Representing Daycares and Daycare Directors
Continuing his representation of daycares and daycare directors, Attorney Joseph A. Gangi recently obtained a dismissal of all criminal charges brought against a daycare director in Rice County who DHS says committed billing fraud. The district court judge found that there was no probable cause to support criminal charges and dismissed the case. This case comes after Mr. Gangi’s landmark decision in Kind Heart Daycare v. Commissioner of Human Services, where the Minnesota Supreme Court agreed that DHS was not properly interpreting the applicable criminal statute governing billing fraud. For more information on these issues, please contact Mr. Gangi at... Read More
Elder Abuse Continues to be a Problem in Minnesota
Instances of physical abuse and neglect, as well as financial abuse and exploitation of Minnesota’s communities of elderly and vulnerable adults continue to prevail. Whether it be assisted living or nursing home staff, in-home caregivers, or family members charged with the physical and financial care of elderly and vulnerable adults, it is thought that as many 1 in 10 American’s over the age of 60 can experience some form of elder abuse during their lifetime. This high number is largely based on the statistic that only about 1 in every 14 cases of elder abuse are actually reported. According to... Read More
Minnesota legislature to address sexual harassment standard in the workplace
Many Minnesotans find themselves victims of sexual harassment in the workplace, but powerless to stop it. Generally, there are two types of sexual harassment claims: “quid pro quo” and “hostile work environment.” In the quid pro quo situation, an employee must show that submission to unwelcome advances was conditioned on receiving job benefits, or perhaps that refusal to submit to such advances resulted in some kind of adverse job action. The second type of claim arises in the hostile work environment situation. This is where an employee is subject to lewd comments or jokes, repeated requests for dates or favors,... Read More