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Rochester Law Blog

The Minnesota Supreme Court Paves the Way for Dismissal of Test-Refusal Convictions

In recent years, Minnesota's blood, breath, and urine testing regimen in DWI cases came under fire due to concerns about whether law enforcement officers should obtain a search warrant before obtaining a chemical test. The concern for many was that blood, breath, and urine testing involves a significant intrusion into a person's right to privacy and therefore a warrant should be obtained before a test request. The discomfort of urinating into a cup while someone watches over your shoulder or having a needle stuck into your arm cannot be understated. The issue was particularly problematic in states such as Minnesota, which criminally punishes individuals who refuse to submit to chemical testing in DWI cases.

Factory Work And Food Processing Jobs Carry High Risk For Injury

Factory work, manufacturing jobs, meatpacking occupations and similar industrial professions carry a high risk of injury for workers. Injuries vary widely in industrial settings. Workers may experience hearing loss due to excessive noise in the workplace - in fact, hearing loss is one of the most common forms of occupational injury in the United States. Other hazards may include slippery floors, dangerous heavy machinery, and overexertion - leading to repetitive stress injuries.

Many commentators have called meatpacking one of the most dangerous jobs in America. Meat and poultry workers suffer injuries two-and-a-half times higher than the national average, according to the Occupational Safety and Health Administration. When time away from work due to injury is factored in, food processing workers suffer these more severe injuries three times above the national average.

Statutory Warranties for New Homes and Renovations

Minnesota law provides warranties to purchasers of newly constructed residential homes as well as purchasers of renovations to existing homes that involve major structural changes or additions. The warranties are found in Minnesota Statutes Chapter 327A.

Attorneys Bird and Stevens Recognized as 2018 Super Lawyers

Attorneys Bird and Stevens were recently recognized as Super Lawyers in Minnesota in 2018. Each year, Super Lawyers recognizes the top lawyers in Minnesota through a patented multiphase selection process, involving peer nomination, independent research, and peer evaluation. To read the entire 2018 Minnesota Super Lawyers Magazine, click here.

ACQUITTED: Stewartville Man Found Not Guilty in Felony Drug Sale Case

On Friday, July 20, 2018, a Fillmore County jury found Bradley Swanson not guilty of four drug charges. During the trial, the Fillmore County Attorney argued that Bradley Swanson conspired with his ex-girlfriend and a minor to grow marijuana in Chatfield, MN. The marijuana grow operation was discovered during a drug raid in May 2017.

Drug and DWI Charges Dismissed Due to Prosecutor's Constitutional Violation

Earlier this week, an Olmsted County judge dismissed four of five charges against Nicholas Loomis, including felony drug and gross misdemeanor DWI charges. The dismissal was based upon the judge's finding that the State of Minnesota, represented by the Olmsted County Attorney's Office, violated Loomis's constitutional right to a speedy trial.

Attorney Borgen Recognized as 2017 North Star Lawyer

Attorney Grant Borgen has been recognized as a 2017 North Star Lawyer. This designation is provided to Minnesota State Bar Association members who provide 50 or more hours of pro-bono legal services per year to low-income persons. This is his second time receiving this designation

Recognizing The Symptoms Of A Herniated Disk

Back injuries can cause more than pain for workers. Heavy laborers, construction workers, health care professionals, and office workers alike may lose time from work after suffering a back injury. A herniated disk, for instance, can involve a wide range of symptoms that can impact productivity and even keep a worker off the clock for an extended period of time.

A herniated disk can press against nerves in the spine causing serious pain and other symptoms. In rare cases, the problematic disc can press against a region in the spinal cord known as the cauda equina, which may require emergency surgery to avoid various levels of paralysis. Disk injuries may develop over a period of time due to repetitive stress and strain from pulling, lifting heavy objects, twisting and other movements of the back. Disks may rupture due to an accident. In some situations, degeneration and a discreet accident may result is a back injury.

Firefighters Push To Change Workers' Compensation Law For PTSD

Awareness of the causes and effects of Post-Traumatic Stress Syndrome has grown substantially in recent years, especially with regard to our veterans returning from combat. However, many workers in Minnesota face traumatic events while on the job. Health care professionals, security guards and first responders often experience traumatic events while doing their jobs. An armed robbery at a convenience store, a violent incident at any establishment or office building, as well as a life-threatening accident may all trigger PTSD.

Since 2013, Minnesota law has recognized work-related PTSD as a compensable condition under workers' compensation, even if not tied to a personal work-related physical injury. However, workers need to have a valid diagnosis of PTSD and proof that the condition developed from a work-related traumatic incident.

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Stray Voltage Litigation

Bird, Jacobsen & Stevens has represented many farmers suffering from stray voltage. We understand the law and the science and know how to take on large utilities in the courts.

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