No Texting While Driving Minnesota Statute
May 6, 2010 | John T. BuchmanMinnesota Statute 169.475 makes it illegal and subjects the violator to a fine and possible jail sentence for texting, emailing, accessing a web page, or similar actions. A driver can still make a phone call or use a hands free communication device. The statute reads in part, “no person may operate a motor vehicle while using a wireless communication device to compose, read or send an electronic message, when the vehicle is in motion or a part of traffic.” There are exceptions for emergency circumstances.
Read MoreThe Nature of Appeals
March 4, 2010 | Barna, Guzy & Steffen, Ltd.by Thomas P. Malone Summer 2009 In Brief Newsletter So, the long hard battle of the law suit, which you thought would never end, is finally over. It’s time to put that chapter behind you and get on with your life. Right? Not so fast. You may be shocked to learn the other side has filed an appeal and you have a year or so of lawyers, courts and judges ahead of you. The good news? Appeals are very different from trial court level lawsuits and do not involve the parties at all. Further, there is no more of the interminable discovery to endure, and pay for. Appeals are for the lawyers to fight, not the parties. Now for the “bad” news: appeals are time consuming, expensive and may change a victory into defeat. Appeals to the Court of Appeals are a matter of right for an aggrieved litigant. Any party who does not like the outcome of the trial is entitled to appeal…if they do it right and on time. The rules of appeals are arcane and rigid. They must be followed to the letter or the appeal may be dismissed. Generally, the appeal must be “perfected” within 60 days of the Order or Judgment from which the appeal is taken. Once…
Read MoreThe Mediation Option
March 3, 2010 | Scott M. LepakAs a law firm that started during the great depression of the 1930’s, Barna, Guzy & Steffen understands that innovation is the key to success for a law firm. As the economy places great stress on businesses and individuals, Barna, Guzy & Steffen offers services that are designed to allow legal matters to be addressed in a more efficient and cost effective manner. One example is mediation. Civil matters filed with the courts now must utilize an alternative dispute resolution process prior to going to trial. Mediation is, by far, the most common form of alternative dispute resolution. Family law cases strongly encourage mediation prior to a court case. Unlike binding arbitration, mediation is not a final decision imposed on the parties. Mediation is binding only if the parties reach an agreement at the end of the process that they choose to make binding. While anyone can be a mediator, only individuals with special training are qualified neutrals. Qualified neutrals, also called qualified neutrals under Rule 114 of the Minnesota General Rules of Practice, may act as neutrals in court-referred cases and are subject to their own ethics board. At Barna, Guzy & Steffen, the qualified neutrals under Rule 114 of the Minnesota General Rules of Practice, are also practicing attorneys. They utilize…
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