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Minnesota Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Minnesota



Barter and Bargain, Thrive and Survive

  October 14, 2014     By Moore Family Law
I’m sure I’m not the only one who has read / watched / talked about the economy this past weekend and gone, “Yikes!” Times are tough! This puts the emphasis on being very flexible, very opportunistic as it were, about how you stretch your precious few dollars and still get done what has to get done.

Agreeing to Valuation Dates in Minnesota

  October 11, 2014     By Moore Family Law
The holidays present a special challenge for families that are going through a divorce, a process which often brings with it disputes over emotional hurts, property, child support and alimony, custody and visitation and spousal support.

Minnesota Budget Cuts Affect Family Courts

  October 9, 2014     By Moore Family Law
Article XI of the Minnesota Constitution prohibits the State from running a deficit. When tax revenues are significantly lower than expected, the State must cut spending or raise taxes in order to balance the budget.

Estate Planning - Is a Trust Right for You?

  October 7, 2014     By Flanders Law Firm LLC
Determining whether a Trust is right for you and your family can be a difficult decision. There are many factors which come into play and no estate plan is right for everyone.

Uncomfortable Planning in Minnesota – Prenuptial Agreements

  October 7, 2014     By Moore Family Law
Minnesota statute § 519.11 authorizes the use of “antenuptial” agreements (prenuptial in every day language) in order to give parties the chance to disclaim any interest in nonmarital or marital property after they are married.

Minnesota Medical Marijuana: What it Means for You, Legal or Not

  March 24, 2014     By Law Office of Carolyn Agin Schmidt
Medical marijuana is a very controversial topic. Recently, there have been 16 states with pending legislation or ballot measures on medical marijuana: Florida, Georgia, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Utah, West Virginia, and Wisconsin.

The Minnesota Commercial Driver and DWI

Minnesota DWI Laws can be very difficult for drivers that choose to drive under the influence of alcohol. But, they can be especially harsh for those individuals that possess a commercial driver's license.

Study Reveals Texting and Driving Just as Risky as Drunk Driving

Most people are very aware of the dangers of drinking and driving, but texting while driving is becoming just as serious a threat on our public roadways.

Daytime DUI Rising Across The Country

Law enforcement officials agree that intoxicated driving during the day is a rising problem.

DWI and Gastric Bypass Surgery

A recent study published in the Journal of the American College of Surgeons shows that patients who undergo gastric bypass surgery take a longer period of time to process alcohol in the body which can lead to excess drinking and other problems.

Understanding the Minnesota Implied Consent Law

Under Minnesota’s implied consent law, any individual who chooses to operate, drive or be in control of a motor vehicle is automatically assumed to have consented to a blood, urine or breath test. These tests are used to determine whether there is a presence of alcohol or any other controlled or hazardous substance in a person’s body.

Order for Protection in Minnesota - OFP

If you have been served with an Order for Protection: If you have been served with an Order for Protection, it is important that you consult with an attorney immediately to discuss your rights, as in most cases you only have five days to request a hearing after you are served with an Order for Protection.

Deferred Action for Childhood Arrivals

USCIS says that Dream Act eligible candidates that meet the criteria of the “Deferred Action for Childhood Arrivals” program will not be deported. It is expected that exact guidelines and procedures for this program will be put into place sometime during August, 2012, detailing how eligible candidates can apply for this status of deferred prosecution of removal from the United States. If granted, an individual also may be eligible for work authorization. The program is for those immigrants who:

Vehicle Forfeiture in Minnesota

When a vehicle is involved in a crime such as a DWI, often law enforcement will seize the vehicle as evidence. Upon arrest, the vehicle will be taken into police custody and a notice of forfeiture will be issued shortly thereafter. In Minnesota, this notice allows the owner of the vehicle 30 days in which to challenge the forfeiture. If they do not do so, then the state will take ownership of the vehicle.

Minnesota Civil Rights Law

This article is an overview of the Minnesota Human Rights Act. The reader will learn about protected areas covered by this law and what actions are deemed unlawful. When the concept of civil rights is brought up, most people tend to think of broad, historical events like the civil rights movement, women's suffrage, and the Rodney King riots.

Minnesota Prostitution Myths

We've put together a list of 4 common myths about prostitution in Minnesota. - Myth: Only new clients can be undercover cops. Fact: Police often use hobbyists who have already been arrested to pose as people looking for sex in prostitution stings.

Minnesota Field Sobriety Tests

When a police officer pulls someone over for drunk driving, they will likely ask that person to step out of the vehicle and perform one or more field sobriety tests. Field sobriety tests consist of both physical and cognitive tasks that can give a police officer probably cause to believe a person has been drunk driving.

Should I Hire a Zoloft Lawyer?

Should you worry about protecting a large drug manufacturer who may have acted negligently to protect the profitability of their product, while your child suffered as of result of this negligence? We get this question lot: Should I hire a Zoloft lawyer? A lot of our clients don't consider themselves the 'litigious type' and thus can feel apprehensive about filing a lawsuit.

Minnesota Probate Law, What is Probate?

Many people are confused by the term "probate" and what it means. That is ok. It's complicated. Ask a group of estate planning lawyers what "probate" is and you will probably get a different answer on what the term "probate" means to each of them. To me, it is a broad term which means the process of administering a Will through the legal system after a person's death.

Grandparent Visitation: Givens v. Darst

When the child was only four months old, his mother was murdered by a man she had previously dated. Less than two weeks after the murder, Givens filed a petition seeking to become the child’s “sole legal and sole physical” custodian. At the time of filing, Darst was presumed to be the father; however, Givens did not notify him about her petition.

Division of Complex Financial and Real Estate Assets

For our clients whose assets are sizeable, we understand that there are specific issues that will arise during a divorce. Complex financial holdings and property division must be reviewed carefully in order to create an equitable distribution of assets. First and foremost, any prenuptial or postnuptial agreements must be reviewed.

Will Zoloft Cause Birth Defects?

This question of whether Zoloft causes birth defects likely brought you here for two reasons. #1: You’re currently taking an antidepressant like Zoloft and you are pregnant or thinking about becoming pregnant. #2: Your child was born with a birth defect and you want to know if Zoloft was responsible in causing the injury.

Zoloft Statute of Limitations

As a general rule of thumb, if you're concerned about the statute of limitations for your Zoloft related birth injury case, the sooner you contact an expert the better. It's as simple as filling out a free Zoloft case evaluation form to find out if you have a case. Whether you consider yourself a litigious person or not, in the case of Zoloft, the manufacturers may have known about the potential dangers to your child but negligently chose to not disclose this information.

Zoloft Usage by Sex

Historically doctors had no idea that any risks were being posed to the unborn child when the mother took Zoloft while pregnant. Conversely, the manufacturer of Zoloft may have known of the increased risks to fetuses but chose not to disclose them. There are several reasons why they may have done this but most likely it was to protect their bottom line, make a quarterly earning call, or hope that the number of affected infants would be nominal.

Did Zoloft Cause My Child’s Birth Defects?

In the case of Zoloft, this was prescribed to pregnant women by doctors who truly believed they were not risking the health of the unborn child. And the mother trusted the judgment of the doctor. What nobody counted on, was that manufacturer of Zoloft may have known of these unacceptable risks, yet did nothing to warn pregnant women of these dangers.

Effects of Zoloft on Fetal Growth

Easier said than done, but if you can find a way to combat depression that doesn't involve Zoloft, especially during your third trimester, then those risks to your child are dramatically reduced. Certain birth defect risks, such as pulmonary hypertension, have been reported to increase 600% when mothers took Zoloft in their last trimester.

Sexual Side Effects of Zoloft

Zoloft has been shown in several double blind studies to cause numerous sexual side effects for both men and women. Up to 70% of men on Zoloft experienced difficulties with ejaculation. For women on Zoloft, almost half experienced difficulties with orgasm. For both men and women, 12% had problems becoming sexually aroused, while on Zoloft.

Zoloft Discontinuation Syndrome

What is Zoloft discontinuation syndrome? - Zoloft discontinuation syndrome is the technical term for what occurs when patients experience 'Zoloft withdrawal', or stop taking Zoloft too suddenly. There is no way to tell in advance if one will experience withdrawal symptoms – it is determined by numerous factors such as the dosage, how the patient was taken off the drug, metabolism, etc. The withdrawal symptoms can be severe and can last several weeks.

Breastfeeding on Zoloft

Currently there is a general consensus among medical professionals that Zoloft does pass through breast milk and it should only be taken by women who breastfeed if the benefits outweigh the risks. Quantifying both of these of course can be awfully difficult. According to WebMD, Sertraline (Zoloft) does pass through breast milk.

Zoloft - Better than Placebos?

Antidepressants continue to be improved upon, designed to work more effectively, and have fewer side effects. That said, 60 minutes had a fascinating piece on Sunday (originally aired 02/19/2012) highlighting recent studies that ask: Do antidepressants work better than placebos? Zoloft has been prescribed since 1991. And by 2007 it was the most heavily prescribed antidepressant in the US with almost 30 million prescriptions.

Minnesota Supreme Court Rules on Urine Test for DWI Offenses

The law in Minnesota is forever changing as DWI attorneys challenge inaccurate testing for DWI cases. Review the latest changes in 2012. The Minnesota Supreme Court decided the case of State v. Tanksley on February 8, 2012. That ruling allows the State to continue using urine tests in DWI cases despite the significantly flawed nature of the test in relationship to intoxication.

How Zoloft (Sertraline) Works – in Layman's Terms

Zoloft (Sertraline) was primarily developed to regulate and balance chemicals in the brain and was commonly prescribed to treat depression, anxiety, and obsessive-compulsive disorder. Zoloft’s primary method of balancing these chemicals is through what is known as a serotonin reuptake inhibitor (SRI). By inhibiting the reuptake of serotonin, higher levels of serotonin remain in the brain.

Zoloft Birth Injuries

Significant linkages have been made between Zoloft and birth defects. Many of these were brought to the attention of Pfizer by the FDA; however, Pfizer still did not adequately warn about the dangers Zoloft posed to unborn children. This is the primary reason why Zoloft Lawsuits are are being seen today.

Minnesota Child Support: How Much do I have to Pay?

Adam J. Blahnik, a Minnesota child support lawyer and divorce and family law attorney, breaks down the basics of the Minnesota child support laws. If you are in a position where you will either have to pay child support or will be receiving child support, this article provides an overview of the child support laws in the state of Minnesota.

Property Division: What Can I Keep and What Must be Divided?

Adam J. Blahnik, a Minnesota divorce and family law lawyer, explains how Minnesota is considered a common law property State (or marital property State) as opposed to a community property State. He then details the difference between "marital property" and "non-marital property" in Minnesota.

Minnesota Parenting Time and the Battle for Forty-Five Percent

Minnesota divorce and family law lawyer, Adam J. Blahnik discusses the problems with the Minnesota child support laws regarding the inherent skepticism of parents who are legitimately wanting parenting time with their children at least 45% of the time. In the year 2007 the child support laws in the State of Minnesota were changed to form a nexus between the amount of time that a parent has with a child and the amount of child support that the parent must pay.

Moving Out of State and Child Custody - Minnesota Parenting Time Law

Custody and Parenting Time Issues Presented - If you are facing a child custody issue due to either the custodial or the non-custodial parent moving out of state, make sure that you're on the right side of your state's child custody law and operating within the confines of your child custody agreement.

Accidents Caused by Illegal Lane Changes

Accidents caused by illegal lane changes can cause serious injuries and property damage. Imagine that you’re minding your own business, driving along the interstate or even at your local shopping center, and someone illegally changes lanes, either failing to signal or outright merging into you. Suddenly you’re involved an accident that came with no warning and no way to avoid.

Networking Ethically and Effectively

Everyone knows that, much like diet and exercise, networking is good for you and that there are lots of excuses for avoiding it. Practicing lawyers confronting the need to "get out there and network!" find it engenders powerful attitudinal obstacles. But unless you tap networking as a business development tool you will consistently fall short of your potential.

Minneapolis Child Custody Information

Issues of child custody and visitation are often the most emotional ones encountered during a divorce proceeding. Both parents are interested in the well-being of their children, but their beliefs and methods of upbringing may differ greatly.

Minnesota's Ignition Interlock

New laws in 2011, included alcohol interlock devices to shorten revocation/cancellation periods for DWI offenders.

5 Things to Prepare Yourself for Divorce

In this article the author discusses on the Top 5 ways to prepare yourself for divorce.

Developing a Parenting Time

The author discusses how parents can develop parenting time in Minneapolis, MN.

Guide to Minnesota's Child Custody Laws

The author reviews Minnesota's child custody laws.

Suppression Hearings known in Minnesota as Rasmussen Hearings

In addition to seeing if the parties you resolve a criminal case prior to the start of trial, other issues are decided by a judge before the start of trial. The most common types of pretrial matters that are heard before trial are issues relating to the admissibility of evidence were there to be a trial.

The Truth About Ex-Parte Orders

The author discusses ex parte orders.

The Divorce Checklist

Your situation is not as unique as you might think. Many married couples face the same dilemmas in their relationship which is why it is easier than you might think to fix.

What You Need to Know about Minnesota Child Custody

Child custody issues have a daily impact on thousands of Minnesota families. For anyone who is going through a divorce or is otherwise involved in a custody action, understanding the framework set out in Minnesota's statutory code is essential.

Financing a Purchase When a Conventional Mortgage Is Not an Option

Alternative Financing Methods in a Slow Real Estate Market.

The Attorney's Role in the Purchase of Investment Real Estate

Purchasing commercial or investment properties is a complicated process that begins with your evaluation of which property is right for you.



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