St. Cloud Personal Injury Lawyer - Minnesota legislature

There Are Far Too Many Bullies In School

Mike Bryant — Fri, 27 Nov 2009 09:48:00 GMT

I've written before about the school assault bill that got passed on the last day of the legislative session, but was later vetoed. It was the anti-bullying bill. It's intent was to add sexual orientation and physical appearance to the sorts of bullying not allowed in schools.

With the veto the Governor did say that he would direct Department of Education Alice Seagren to review the existing anti-bullying policy and to contact school districts to ensure they are meeting the requirements of the current law, which was implemented in 2005.

The Minneapolis Tribune recently had a real life story that is heartbreaking. Their 12 year old son:

an honor student who faced merciless teasing on the school bus, came home on the afternoon of Feb. 8, 2006, went into the family's barn and hanged himself.

Numbers from the National Coalition of Anti-Violence Programs suggest that something needs to change. In Minnesota, there were 73 cases of hate crimes committed in 2008, a 48 percent increase. There was a 185 percent increase in the number of incidents involving violence, and a 20 percent increase in the number of incidents involving more than one assailant.

The Children's Exposure to Violence: A Comprehensive National Survey, was published by the Office of Juvenile Justice and Delinquency Prevention with support from the Centers for Disease Control and Prevention found that:

More than 60% of youngsters had either direct or indirect exposure to violence within the past year
Nearly half the children surveyed were assaulted at least once in the past year, and more than one in 10 were injured as a result.
Nearly one-quarter of the children were the victim of a robbery, vandalism, or theft.
About 10% were victims of maltreatment (including physical and emotional abuse, neglect or a family abduction), and one in 16 were victimized sexually.

There is a debate as to if these increased numbers are due to better reporting, but the numbers are so big, it is imperative that this issue be revisited this next session.

Originally posted at InjuryBoard by Mike Bryant

The GPS Needs To Be Placed In A Safe Position

Mike Bryant — Tue, 08 Sep 2009 09:49:00 GMT

I was taking a deposition recently and the issue of distractions on the windshield came up. In this case, the defendant had a large handicap sticker that may have played a role in what they could see. Pictures taken at the time of the collision verified that the obstruction was there. The testifying driver seems to have forgotten that. It's not an issue in every case, but it can be.

It is a concern to see where people are placing the Global Positioning Systems (GPS) in their cars. As of Aug. 1, 2009, the Minnesota legislature okayed the GPS to be mounted or located near the bottom most portion of a vehicle’s windshield. The provision, initially proffered by Rep. Al Juhnke (DFL-Willmar) and Sen. David Tomassoni (DFL-Chisholm) as HF85/SF323, as part of the omnibus public safety bill.

The key is that the early photographers were very important. It also is important which the windshield be free of cracks, obstacles, and items that will prevent drivers from seeing. Over the last year, more and more cars are adding navigation systems. I have one in my car. It has gotten me places faster, and most importantly, there. It just cannot be in vital sight lines and it also should not interfere with the deployment of an airbag.

Hopefully, this law change will make the positioning of the GPS uniform and clear for people to see other cars, motorcycles, and pedestrians. It's a great help, but it needs to not be an obstruction.

Originally posted at InjuryBoard by Mike Bryant

State And Consumers Will Be Protected Under New False Claims Act

Mike Bryant — Wed, 01 Jul 2009 09:34:00 GMT

Passed the last week of the session and going into law in August, is the False Claims Act (FCA). The FCA imposes civil penalties for persons who make false or fraudulent claims for payments of services to the state or its political subdivisions. "It's the recovery of stolen taxpayer dollars," said Sen. Ron Latz, who championed the bill, along with fellow St. Louis Park DFLer Rep. Steve Simon. "If other states' experiences are comparable, we could be looking at tens of millions of dollars."

The Attorney General is granted the power to enforce the the act which also provides conditions under which a private plaintiff (whistleblowers) may bring actions to enforce provisions. Expenses and fees may be awarded along with the whistleblowers sharing in recoveries under the new law. The FCA provides additional protection as employers are forbidden from discriminating against employees who cooperate with investigations.

Nationally and in other states, claims have recovered large sums of money for the government and also straightened out numerous examples of fraud upon the government. Hopefully the act won't be needed very often, but if it is, the new law gives the state another weapon against fraud.

Originally posted at InjuryBoard by Mike Bryant

Bully Attacks On The Increase While New Law Is Vetoed

Mike Bryant — Sun, 28 Jun 2009 12:30:00 GMT

The last day of the legislative session, I was over at the capitol watching a couple of bills. A bill that came up, which I didn't know much about, was the anti-bullying bill. It's intent was to add sexual orientation and physical appearance to the sorts of bullying not allowed in schools. Listening to the debate, it seemed to center more upon whether it was needed beyond existing law more than anything else.

Unfortunately, Governor Pawlenty vetoed it. He did say in his veto letter that he would direct Department of Education Alice Seagren to review the existing anti-bullying policy and to contact school districts to ensure they are meeting the requirements of the current law, which was implemented in 2005.

Hopefully, the debate and the review will make people more aware. Recent numbers from the National Coalition of Anti-Violence Programs suggest that something needs to change. In Minnesota, there were 73 cases of hate crimes committed in 2008, a 48-percent increase. There was a 185-percent increase in the number of incidents involving violence, and a 20-percent increase in the number of incidents involving more than one assailant. This could in part be due to better reporting, but it needs to be revisited with the next session.

Originally posted at InjuryBoard by Mike Bryant

The Ethics And Legalities Of Twitter

Mike Bryant — Tue, 23 Jun 2009 14:17:00 GMT

Seems like Twitter is everywhere. There are celebrity races to the greatest number of followers, marketing get rich tweets, and even the lovely 104 year old English woman, Ivy Bean, who tells us about her day. Injuryboard member, Jeff Rasansky, has great advice on how not to tweet your case away. I've been following about 1900 people and being followed by somewhere around 1500. Mostly, to highlight blog posts and to catch up on the happenings of the day.

There has been the Tony La Russa lawsuit which covered made up tweets. Also questions about what constitutes a good or bad tweet. I was especially interested while the state legislature was in session and you would get updates as to what bills were up and what people were saying about them. Between the Democrats on facebook and the Republican floor tweets there was a new access that didn't exist a couple of months ago.

The ethics question came up recently in the State House when Rep. Tom Emmer (R-Delano) and Rep. Mark Buesgens (R-Jordan) accused Rep. Paul Gardner (DFL-Shoreview) of breach in decorum through tweets that suggested Woody Allen comparisons to Buesgens and that Emmers was a bully. The House ethics committee responded unanimously that Gardner make an oral apology to the House “at the earliest possible date.” The statement goes on to say, Gardner “did not exercise sound judgment by making statements about his colleagues that were not respectful and courteous and he did now show respect to the House of Representatives.”

Nationally, Sen. Chuck Grassley (R-Iowa), joined the political tweet discussion with direct statements meant for traveling President Obama. "Pres Obama you got nerve while u sightseeing in Paris to tell us 'time to deliver' on health care. We still on schedule/even workinWKEND," This tweet and a couple of others have the same propriety questions being asked nationally that the Minnesota House was looking at.

The end of the session has legislators telling us about their visits to the cabin, fishing trips, days golfing, and a recent questionable favorite " A great weekend at the lake topped off with a great steak and a big Cabernet at home. I wish the weekend could last another couple (days)" I wonder if all of his constituents are enjoying that freedom?

It seems to me that tweets have the potential to be great ways to get information out, but at the same time, some of this should be looked at as if it's something you would put on a billboard, because someone might just do that to you.

Originally posted at InjuryBoard by Mike Bryant

The Federal Government and Other States Should Look To Minnesota Concerning Crane Operation

Mike Bryant — Mon, 11 May 2009 12:21:00 GMT

Two years ago, after a series of deaths involving cranes, Minnesota passed a law requiring that anyone operating a construction crane pass a certification test after undergoing classroom and practical training. Minnesota is one of about 13 states that require a license or certification to operate cranes, according to Glen Johnson, business manager of the International Union of Operating Engineers Local 49 chapter in Minneapolis.

Federally, there is no such requirement despite safety records showing that crane-related accidents kill about 90 workers in the United States each year. Johnson, who operated a crane for more than 15 years, says crane deaths are “unacceptable.” One of the problems: “everyone and his brother” is jumping in cranes on job sites, regardless of their qualifications to use the equipment. It’s ironic, he noted, that most states require a license to drive a car, but don’t have a similar requirement to operate a five-ton crane, which has the potential to tip over, strike an overhead power line or cause severe damage to bodies and property.

Few jobs are as dangerous as operating a crane, Johnson, who helped write the Minnesota certification law, told an OSHA panel in Washington, D.C., considering similar federal standards. But with proper national standards in place, he said, operators across the country can “greatly reduce the risk of injury or death.”

We have been involved in a number of these cases over the years. Usually they involved complicated interchanges with workers compensation coverage and also with the need for extensive investigation. The injuries are usually fatal or very severe. Hopefully, other governmental units will look to the helpful protections that Minnesota has.

Originally posted at InjuryBoard by Mike Bryant

Mandatory Arbitration It's All Around Us

Mike Bryant — Fri, 01 May 2009 09:17:00 GMT

For the last couple of years, the Minnesota legislature has been asked to look at expanding the use of mandatory arbitration. The bill has fortunately seen only defeat, primarily because it reduces the consumers to a remedy.

Companies control the arbitration panels or at least use them enough to create a strong relationship.
The consumer is not allowed to sue the case out and be heard by a jury.
In some cases the consumer is prevented from having legal representation.
Companies can use the process to quickly and cheaply obtain judgments against the consumer.

The rules are imposed by non-negotiable consumer contracts, billing inserts, employee handbooks, health insurance plans, dealership and franchise agreements. It is simply imposed on the buyer without any true negotiation or bargaining.

If you have questions about these contracts, the Congress Watch division of Public Citizen has a very good website to get information. It's an important constitutional right that if being stomped on, when these alternatives are forced on the consumer. You can sign up for Arbitration Fairness updates here.

Originally posted at InjuryBoard by Mike Bryant

Minnesota Legislator Hit By Drunk Driver

Mike Bryant — Sat, 25 Apr 2009 21:55:53 GMT

Early Friday morning, after a late night session, Rep. Jean Wagenius (DFL-Mpls) was hit by a drunk driver as she traveled home. While attempting to turn south from Interstate 94 onto southbound Interstate 35W at 1:46 a.m her car was rear ended. The driver of the car was charged with DUI.

It is always bad to see drunk drivers on the road. Hopefully, a higher profile collision like this will remind people of the danger of drinking and driving. It sounded like Representative Wagenius was back on the house floor today. It's a tribute to her that she is back to work so fast. Hopefully, she is feeling better.

Originally posted at InjuryBoard by Mike Bryant

Florida Fight Should Have All States Looking At The Protection Of Children

Mike Bryant — Sat, 18 Apr 2009 09:42:00 GMT

In Minnesota, as in many other states, parents are able to sign away the rights and protections of their children. Through the use of waivers, all sorts of dangerous activities are made exempt from liability. While the children thankfully in many cases are safe, what happens when they are not? In those cases with waivers the cases are usually thrown out of court.

Recently in Kirton v. Fields, the Florida Supreme Court threw out one of these waivers, holding that the parent doesn't have the authority to give away a child's protection. The Florida legislature is now looking at a bill to overturn the case. Basically, to reinstate the contract against the child.

Previously, I blogged about concerns with moonwalks. It looks like the Minnesota legislature is actually looking into a bill covering the needed protections. But, there is still the issue of waivers. This may be the time for the Minnesota legislators to look at this issue.

I've signed these waivers for my own boys a number of times. My guess is that most parents rarely give the language much of a thought. The question is if parents can give away the rights of another?

Originally posted at InjuryBoard by Mike Bryant

Minnesota Legislature Looking At DUI Laws

Mike Bryant — Fri, 17 Apr 2009 09:35:00 GMT

Presently, in Minnesota if you are stopped for DUI in Minnesota there are two and sometimes three separate legal issues that you will deal with. First, there are the criminal charges for the offense which involves the fine, jail time and probation issues. Second, there are the civil issues which involve the driver license revocation and sometimes the revocation of your license plates and forfeiture of your vehicle.

There are time limits of as little as 30 days to judicially appeal the civil claims. Some time ago the double jeopardy of the separate parts was OKed by the Minnesota appellate courts. The courts found that the right to drive is a privilege and simply being charged with a crime is enough take someone's license. People who don't have a criminal hearing until the 30 days has past, may not even have considered the judicial review of their civil claim.

The Minnesota legislature has a bill that will eliminate the separate systems. Instead there is one criminal route with the civil penalties arising out of the consequence of being convicted. This is a system like many other states have.

Critics argue that it will set back law enforcement of these charges. But, it does seem odd that even the most severe crimes really only come with consequences after a conviction. It make sense that uniformity exist in the DUI system also.

Originally posted at InjuryBoard by Mike Bryant