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Minnesota

Newsworthy Category

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...
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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...
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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,...
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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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