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Minnesota

Newsworthy Category

The Right to Counsel in DUI Cases

In 1991, the Minnesota Supreme Court held that the Minnesota Constitution afforded all persons a right to counsel before submitting to a chemical test administered by a law enforcement officer under Minnesota’s Implied Consent Law.[1]  For drivers arrested on suspicion of driving while impaired, the Implied Consent Law provided law enforcement a powerful tool in coercing drivers to undergo testing: submit to the test or lose your license.  The Minnesota Supreme Court thought these circumstances called for at least the advice of counsel.  In sum, after a law enforcement officer read the implied consent advisory to a driver, that officer...
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Reception for Judge Lucinda Jesson

Monday, October 29, 2018 5:00-7:00 p.m. Hosted By: Farrish Johnson Law Office 1907 Excel Drive, Mankato CO-HOSTS Joseph Bergstrom*         Scott Cutcher Ken White          James Kuettner * People for Judge Jesson Campaign Committee PEOPLE FOR JUDGE JESSON HONORARY COMMITTEE CHAIRS Honorable Kathleen Blatz • Honorable Alan Page • Honorable Edward Toussaint www.judgelucindajesson.com Contributions of any amount gratefully accepted Questions about this event? Call Joseph Bergstrom at 507-829-7971 Maximum contribution in 2018 is $2500 *Contributions are not tax-deductible Contributions from corporations, including LLCs and PCs, are not permitted under law Prepared/ paid for by People...
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I’m Adjudicated the Legal Father: Now What?

Execution of a Recognition of Parentage does not automatically establish custody or parenting time for the father; however, it does give the father the legal right to pursue a custody and parenting time action and ask for these rights. A court-ordered agreement will make sure your rights are protected. If you are unsure whether or not you want to initiate a custody and parenting case, consider a few of these reasons to pursue an action: • To make sure you get to spend time with your child. • To get notice if the mother wants to move out of state....
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Paternity: Am I the Legal Father?

In Minnesota, “paternity” is used to refer to the “legal father” of a child. The biological father is not always the legal father and only the legal father has the rights and responsibilities of a father under the law. Minnesota law requires a party to bring an action to establish a “legal father.” There is no question about who the mother is since she gave birth to the child. Because a father cannot be decided in the same way, the legal system waits for a signed Recognition of Parentage (ROP) or a court order that names a legal father. Only...
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12 Fast Facts Employers Need to Know to Comply with Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA)

Minnesota has one of the most vigorous workplace drug-testing laws in the country.  Here are 12 fast facts you need to know if you require testing of employees or job applicants: You must have a written drug and alcohol testing policy; You must provide written notice of the policy to all affected employees when the policy is initially adopted and when any employee who was previously unaffected by the policy transfers to a position affected by the policy, and to job applicants upon hire and before any testing is required if the job offer is contingent upon testing; You must...
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Estate Tax Changes

There have been substantial changes to the Federal estate tax because of recent action by the US Congress. The major change centers on the doubling of the federal estate tax exemption for estate and gift taxes. For 2018, the estate tax exemption has been increased to $11.2 million. However, this increase expires on December 31, 2026 and absent action by Congress, upon expiration, the federal estate tax exemption in effective for 2017 will be reinstated. The doubling of the estate tax exemption will reduce the number of estates that are required to file a Federal 706 estate tax return. Meanwhile,...
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Massive Water Pollution Settlement

In a widely publicized case, 3M agreed to pay the State of Minnesota $850 million to avoid a trial over allegations that 3M contaminated water with perfluorochemicals (PFCs). The settlement is minuscule compared to the billions of dollars sought by the State in actual and punitive damages. Settlement funds could be used for water restoration projects as well as water infrastructure projects, such as new wells or connecting additional homes to municipal water. This settlement does not end 3M’s legal troubles. It faces many other lawsuits seeking to recover for environmental damage. 3M continues to maintain that there is no...
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Applying for Disability – Is It Right for Me?

A lot of folks frequently consider if they should go on disability or even get advised to do so by their doctors. This usually happens when their medical or psychological issues become so bad that they start interfering with or make it impossible to continue working in a meaningful and productive manner. When that happens, and there is no foreseeable improvement of the health issues, it is usually a good idea to try to apply for disability. But what does it mean to be disabled? According to the Social Security Act, disability is the “…inability to engage in any substantial...
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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...
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