Journal of Law & Practice

4 Wm. Mitchell J. L. & P. 5
By: Stephen P. Laitinen, Esq. and Hilary J. Loynes, Esq.^[Y]

The cost of health care continues to rise and, along with it, premiums are soaring.^[1]  Over the past decade, health care premiums have more than doubled, and the average worker’s contributions more than tripled.^[2]  These increases are partly attributable to the rising number of uninsured Americans.  During the chief tort reform movement in 1986, in response to the growing cost of insurance, the Minnesota legislature at least in part abrogated the common law collateral source rule.^[3]  This legislation provided that a defendant could, in certain instances, take an off-set on his or her damages for amounts paid to the plaintiff related to the injury.^[4]  In interpreting this legislation amidst the backdrop of the current health care environment, the Minnesota Supreme Court recently concluded that insurance companies do not have to pay an injured party amounts that she received from a “collateral source.”^[5]  In particular, it held that the amount negotiated by the plaintiff’s health insurance company for the plaintiff’s care was a collateral source, as defined by Minnesota Statute § 548.251, and thus deductible under the statute.^[6] Read the rest of this entry »

4 Wm. Mitchell J. L. & P. 4
By: Leslie Lienemann and Justin Cummins^[Y]

In a case of first impression, the Minnesota Supreme Court has held that a woman who experienced sexual harassment while performing according to the terms of a contract was not protected by the Minnesota Human Rights Act (“MHRA”).^[1] The case was brought by business owner Pamela Krueger and her corporation, Diamond Dust Contracting, after Krueger was sexually harassed by employees of Zeman Construction Company, a business with which Diamond Dust Contracting had a contract.^[2] The Minnesota Supreme Court held that only Diamond Dust Contracting, and not Krueger, could sue for harassment because only Diamond Dust Contracting was a signatory to the business contract with Zeman Construction Company.^[3] Read the rest of this entry »

^[A]

Introduction

There are many misconceptions surrounding women’s rights in Islam.  The purpose of this article is to shed some light on the basic rights of women in Islam in the context of marriage and divorce.  This article is only to be viewed as a basic outline of women’s rights in Islam regarding marriage and divorce.  Muslim clients’ situations will vary greatly depending on what Islamic School of Thought (Hanafi, Hanbali, Maliki, and Shafi) they follow, whether they are Sunni or Shiite, their cultural traditions, and a variety of other factors. Read the rest of this entry »

4 Wm. Mitchell J. L. & Prac. 2
By: Judge Jerome Abrams^[Y]

INTRODUCTION

The central concept behind insurance in general, and liability insurance in particular, is risk transfer.^[1] The simple nature of paying some amount of money in advance of a future event, which could result in a greater loss, provides some measure of economic security.^[2] However, there can be many uncertainties involved in risk transfer through insurance.^[3] Read the rest of this entry »