Joel Munt’s First-Degree Murder Conviction Upheld
The Minnesota Supreme Court, in a decision dated June 15, 2016, upheld the first-degree murder conviction of Joel Munt arising out of the shooting death of his former wife and the kidnapping of his three children. On appeal Munt argued error in: Declining to remove a prospective juror; Improper comments made to the jury; Improper jury instruction; and, His sentence of life imprisonment without the possibility of release. The Minnesota Supreme Court determined the trial court did not abuse its discretion and Munt’s sentence of life imprisonment without the possibility of release is constitutional. This webpage contains general information... Read More
Jesse Ventura’s Defamation Lawsuit Overturned
In a decision filed June 13, 2016, the United States Court of Appeals for the 8th Circuit overturned the verdict in favor of Jesse Ventura against Chris Kyle’s estate. Kyle is a former SEAL regarded as the deadliest sniper in U.S. history and author of the bestselling book American Sniper. Ventura sued Kyle under Minnesota law for defamation, misappropriation and unjust enrichment. The jury returned an award of $500,000 in damages on the defamation claim and $1.35 million on the unjust enrichment claim. The late author Kyle, in his book American Sniper: The Autobiography of the Most Lethal Sniper in... Read More
Drones–FFA Regulations & Liability
Drone regulations are coming; they are inevitable. The Consumer Electronics Association estimated some 700,000 drones would be purchased by the end of 2015. There is a race to create rules by the Federal Aviation Administration (FAA) to regulate them. Congress mandated the FAA to prepare a plan to safely integrate drones by September 30, 2015. The date has come and gone. The FAA is working hard with the first step being registration. The FAA used its rule-making authority and issued an order on December 14, 2015, requiring the registration of all recreational drones. The FAA has yet to regulate the... Read More
Arbitration Clauses–Good and Bad
Mandatory binding arbitration clauses are now found in a vast majority of consumer contracts, ranging from credit card and cell phone agreements to real estate purchase agreements and car rental agreements. In recent years there has been an expansion of arbitration clauses in the employment setting and with medical providers and nursing homes. Arbitrations became popular dating back to the early 1920’s. The courts favor arbitration agreements and they are generally enforced. The downside to arbitration clauses are: Loss of a right for a jury trial, a trial of your peers; Limitation on appellate review; Arbitrations are generally confidential; Arbitration... Read More
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... Read More
Court Orders Apple, Inc. to Create New Technology Undermining its Encryption
On February 16, 2016, a United States Federal Magistrate in California issued an order 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... Read More
Privacy Cases on the Rise
Daniel Bellig, a Farrish Johnson attorney who practices in medical and data privacy, has reported an uptick of invasion of privacy claims. These include increased reports of improper accesses and dissemination of medical records, often by employees of medical providers. Daniel Bellig has tried and settled medical privacy claims. The increase of medical privacy claims has coincided with numerous incidents of government data practice violations committed by government employees in state and local agencies. The most recent data breach claims involve violation of federal privacy laws governing motor vehicle and driver licenses records. If you need further information concerning invasion... Read More
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
Meet Mankato’s 2015 Super Lawyers
Farrish Johnson Law Office Attorneys Scott V. Kelly, William S. Partridge, and Steven H. Fink have been named “Super Lawyers” for 2015. This prestigious award from Super Lawyers, a Thompson Reuters business, recognizes them to be among the top 5% of all lawyers in Minnesota! Scott and Will are trial lawyers practicing in personal injury litigation. Steve is a leading attorney in the areas of real estate law, estate planning, and business law. A “Rising Star” attorney is also part of the Farrish Johnson team! Daniel J. Bellig recently received that designation in 2015. He is a trial lawyer practicing... Read More