There’s been a flurry of rulings sent to Minnesota Lawyer from the U.S. District Court recently.
In Sierra Club North Star Chapter v. Peters, et al., Judge Michael Davis allowed to stand a lawsuit concerning the bridge near Oak Park Heights that would cross the Lower St. Croix River. The Sierra Club has said that the project violates an alphabet soup of environmental protection laws and the lawsuit will go forward at this time.
Davis also ruled in favor of 3M Company in a lawsuit against Moldex-Metric over four patents directed to valved respirator masks, construing the claims as requested by 3M or assigning them their plain meaning.
The judge also denied a defense motion for summary judgment in a hostile work environment and constructive discharge lawsuit brought by a former Cook County jail administrator.
Furthermore, Judge John Tunheim recently told the U.S. Attorney’s Office that it had to provide an assistant attorney general from the Department of Justice to participate in a settlement conference concerning the wrongful death of Randy Scott. Scott died in a motor vehicle collision with former Rep. William Janklow in 2003. Previous attempts to settle the case have been unavailing due in part to the cap on the U.S. attorney’s settlement authority, Tunheim wrote. A magistrate judge ordered the participation of an assistant attorney general, and the government appealed, saying the order interfered with the justice department’s authority. Tunheim affirmed the magistrate judge.
Showing posts with label district court. Show all posts
Showing posts with label district court. Show all posts
Tuesday, May 20, 2008
Monday, March 31, 2008
Happy Judge Allen Oleisky Day!
Beloved is rarely an adjective you see used before a judge's name any more, but if it is appropriate anywhere for a member of the local bench, it is appropriate before the name of retiring Hennepin County District Court Judge Allen Oleisky. Oleisky is the state's longest serving judge, having been appointed a municipal court judge in Hennepin County 36 years ago, when he was just 34. (The municipal court was later merged into the District Court.)
I recall that when the Hennepin County Bar Association used to conduct a plebiscite in which lawyers voted whether or not judges should be retained, Oleisky was a top vote-getter. His name always comes up when lawyers list off judges they respect.
It is unfortunate that the state requires that judges retire on their 7oth birthday. It seems a waste that, through an arbitrary cut-off line, the state deprives its citizens of wise and experienced, albeit somewhat gray, heads. Personally, I would much rather have the 70-year-old Oleisky presiding over my case than the 34-year-old one, but the state seems to have a preference for the latter. I think forced retirement at 70 is an anachronism that itself ought to be retired.
In any event, Gov. Tim Pawlenty has declared today Allen Oleisky Day. It is fitting that the governor has done so. We at the Minnesota Lawyer blog would like to take this opportunity to thank the good judge for his many excellent years of service to the people of this state. We wish him well in his new career as an ADR provider.
Judge Oleisky at his retirement party last week
with Court Administrator Mark Thompson
Wednesday, November 28, 2007
Hiring freeze at Fourth Judicial District announced
The Fourth Judicial District, serving Hennepin County, in a press release today announced an immediate hiring freeze along with changes in court hours and operations in response to an anticipated budget shortfall. The court projects a $1.4 million budget deficit for its current fiscal year which ends in June 2008.
The hiring freeze reportedly will result in staff shortages throughout the court, requiring a reduction in services. Some of the changes that will impact the public include:
-- Walk-in counter and telephone services will be curtailed Wednesday afternoons, 1:30-4:30 pm, beginning Jan. 2, 2008. For example, citizens will no longer be able to pay traffic tickets in person, request copies of court files, or receive updates on the status of cases via telephone on Wednesday afternoons at all locations. Court hearings and trials will not be affected and will continue as usual.
-- Conciliation Court calendars will be reduced by one-third, resulting in some delay in scheduling hearings.
-- A program that provides supervised visitation services to noncustodial parents and their children in Family Court will be halted.
-- The court will no longer provide arbitrators for Alternative Dispute Resolution in Civil Court.
-- The court will no longer conduct criminal record checks for the public; members of the public will be referred to the public access website where this information is available.
Several factors are contributing to the anticipated shortfall, according to the release. The Hennepin County Court received $900,000 less than its budget required to cover salary and fringe benefit increases and funding for positions required by a new information system. Some of the new money that was appropriated to the state’s trial courts for the Fiscal Year 2008-2009 biennium was earmarked for special purposes, making it unavailable to cover increases in basic operating costs like employee salaries and insurance.
The District had hoped to rely on vacancy savings to help cover its shortfall. However, year-to-date vacancy rates have been much lower than expected, the release said.
The hiring freeze reportedly will result in staff shortages throughout the court, requiring a reduction in services. Some of the changes that will impact the public include:
-- Walk-in counter and telephone services will be curtailed Wednesday afternoons, 1:30-4:30 pm, beginning Jan. 2, 2008. For example, citizens will no longer be able to pay traffic tickets in person, request copies of court files, or receive updates on the status of cases via telephone on Wednesday afternoons at all locations. Court hearings and trials will not be affected and will continue as usual.
-- Conciliation Court calendars will be reduced by one-third, resulting in some delay in scheduling hearings.
-- A program that provides supervised visitation services to noncustodial parents and their children in Family Court will be halted.
-- The court will no longer provide arbitrators for Alternative Dispute Resolution in Civil Court.
-- The court will no longer conduct criminal record checks for the public; members of the public will be referred to the public access website where this information is available.
Several factors are contributing to the anticipated shortfall, according to the release. The Hennepin County Court received $900,000 less than its budget required to cover salary and fringe benefit increases and funding for positions required by a new information system. Some of the new money that was appropriated to the state’s trial courts for the Fiscal Year 2008-2009 biennium was earmarked for special purposes, making it unavailable to cover increases in basic operating costs like employee salaries and insurance.
The District had hoped to rely on vacancy savings to help cover its shortfall. However, year-to-date vacancy rates have been much lower than expected, the release said.
Wednesday, September 12, 2007
Wieland: Mortgage crisis effects are reaching the courts
The newest edition of News From Your Court, the monthly newsletter from Minnesota’s Fourth Judicial District, contains an interesting and timely entry from Chief Judge Lucy Wieland.
“Foreclosures and the Hidden Cost” examines the trickle-down effect of the residential mortgage meltdown in terms that drive home how the crisis is impacting not just lenders and homeowners, but everyone – including the courts, which are feeling the stress in the form of an increased caseload resulting from ballooning Housing Court filings.
“The impacts on people attending Housing Court include fewer options for hearing dates and full calendars meaning longer waits in court,” writes Wieland.
The article is an interesting inside look at how far the ripple effects from such a vast problem can reach.
“Foreclosures and the Hidden Cost” examines the trickle-down effect of the residential mortgage meltdown in terms that drive home how the crisis is impacting not just lenders and homeowners, but everyone – including the courts, which are feeling the stress in the form of an increased caseload resulting from ballooning Housing Court filings.
“The impacts on people attending Housing Court include fewer options for hearing dates and full calendars meaning longer waits in court,” writes Wieland.
The article is an interesting inside look at how far the ripple effects from such a vast problem can reach.
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