Kate Mackinnon, ERISAdvocate, Wins on Minnesota Supreme Court Review of Larson

Katherine Mackinnon 269x300 Kate Mackinnon, ERISAdvocate, Wins on Minnesota Supreme Court Review of Larson

Katherine L. MacKinnon

Update (October 22, 2014):  Congratulations to Katherine Mackinnon on the (partial) win! “I am so excited right now, I could launch into the stratosphere,” Mackinnon tells me. This is a big win for Mackinnon, her client, and all Minnesota insureds.

Update (February 4, 2014): Is it possible that a person might forget about some doctor’s visit and fail to disclose it in a life insurance application?  If, soon thereafter, he dies of some wholly unrelated cause, is it fair that the insurance company can rescind the policy based on the decedent’s “misrepresentation and/or omission”?  How about if the decedent authorized the life insurance company access to all of his medical records but a third-party health care record provider omitted records that would have put the life insurer on notice of the doctor’s visit that the decedent failed to disclose?  No claim for negligence against the record provider?

Kate Mackinnon discussed this case nearly a year ago in her Minnesota Litigator profile as, perhaps, both the best case and the worst case of her long and distinguished career (see below).  This past week, the Minnesota Supreme Court has granted plaintiff’s petition for review.

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Will Someone Explain Why the Minnesota State Court System Cannot Make Civil Filings Public?

Starr 070906 8887 Impatiens hawkeri 300x225 Will Someone Explain Why the Minnesota State Court System Cannot Make Civil Filings Public?

Impatiens Hawkeri, b/k/a Impatients…

Update (October 21, 2014): Today Minnesota Lawyer quoted Minnesota Supreme Court Justice Barry Anderson following up on a Minnesota Lawyer post that, in turn, followed up on my Minnesota Litigator post below (link here, behind a paywall to the Minnesota Lawyer post).

Minnesota Lawyer quotes Justice Anderson is as saying, “To the extent that there is a suggestion that the judges are not interested or resist the move [to electronic access] that’s just not correct.”

I should perhaps clarify that there is no doubt in my mind that many Minnesota judges are very much in favor of public and remote access to court files and the sooner, the better. But, still, I highlight the language in the original post below, which suggests that the judicial branch has “begun discussing the possibility of providing remote access to court documents.”

Again, there is certainly no technological impediment to remote access. And, as far as the extremely important point about confidentiality of some documents in the court file, no one has explained to me how our federal courts seem to manage quite well but our state court system cannot do likewise.

I understand that the volume of confidential data in the state court system, plus the more limited resources of the state court system, present far more difficult hurdles than the federal court system. But, again, I hope the issue is not WHETHER to have state-wide remote access to court files but it is WHEN we will have it…

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Thinking About Life After Litigation? Bill Dossett’s Nice Ride Should Give You Hope.

Bill Dossett 300x242 Thinking About Life After Litigation? Bill Dossetts Nice Ride Should Give You Hope.

Bill Dossett, Former Dorsey & Whitney Trial Group Partner. Executive Director of NiceRide Minnesota.

Bill Dossett is the Executive Director of NiceRide Minnesota. But he was not born that way. Bill’s professional evolution should inspire litigators and other lawyers, who, like Bill, have thought about whether there aren’t other rewarding opportunities out there after years in the practice of law.

U.S. lawyers are living in unprecedented times. There has been sharp drop in lawyer demand nationwide over the past decade or so. Many (including me) view this development as systemic, and not cyclical. In other words, many jobs have gone away and many of them are never coming back. (A 2011 New York Times article discussed analysis showing that twice as many lawyers were being put into the legal market than there were jobs for lawyers.) So, many lawyers have been faced with joblessness, are now facing it, or may be facing it in near future before they’re ready for or interested in retirement. Maybe that is a good thing?

Bill Dossett left the partnership of Dorsey & Whitney L.L.P. without a job, and without any idea of what would come next.  Now he’s succeeding and thriving in his “life after litigation.”  After the jump, read about Bill’s inspiring journey and take heart…

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The Next Big Wave…

Great Wave off Kanagawa restored 300x206 The Next Big Wave...

The great wave off shore of Kanagawa, Katsushika, Hokusai, 1760-1849

Competitive industries are obsessed with “the next big wave” and civil litigation is no exception. We are all constantly searching for “edge,” the next big thing, the competitive advantage.

The next big wave in civil litigation might be sitting right in front of you or it is crashing right on top of you, depending on your age.

A disproportionate segment of our population, the baby-boomers, are now decked in increasingly dowdy dressings of upper-middle age and their parents are dying. This, in turn, will inevitably result in an increase in trust and estates litigation, elder law, the law of conservatorships, and health care law and so on over the next 2-3 decades.

Are you and your family prepared for this? Of course not. Let’s not dwell on negative things, right? That kind of thing does not happen in your family. You’ll cross that bridge when you get to it…

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Code-cracking Crackling Pre-cooked Bacon: Unitherm v. Hormel

the most interesting man in the world meme generator i don t always eat bacon but when i do i put extra bacon on my bacon 1238c9 239x300 Code cracking Crackling Pre cooked Bacon: Unitherm v. HormelBacon is at the center of almost everything. It is at the center of a pig, for example. It is at the center of the economies of several midwest states. These are at the center, of course, of the United States.

Bacon is even the delicate combination muscle/fat meme material that holds the entire internet in place. Without bacon… We should not even contemplate the possibilities…Someone could get hurt.

So, imagine that you invented a way for preparing pre-cooked sliced bacon. You would be a wealthy person.

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