Constitutionality of the Minnesota Criminal Defamation Statute

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We are currently representing an individual in Blue Earth County, Minnesota who is charged with Criminal Defamation in violation of Minn. Stat. § 609.765.  We previously filed a motion to dismiss arguing the Minnesota criminal defamation statute is unconstitutional.  In our opinion, the Minnesota criminal defamation statute is overbroad because it punishes constitutionally protected free speech and does not provide for...

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Why You Need a Criminal Defense Lawyer on Your Side

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Defending Your Freedom, Finances and Your Future When facing criminal charges, especially misdemeanor offenses, it’s common for people to assume that they can plead guilty, defend themselves or rely on the help of a public defender and get a good outcome. After many years of experience as a criminal defense lawyer, John has repeatedly seen defendants come to court...

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Minnesota Left Without ‘Revenge Porn’ Law

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The recent opinion by the Court Appeals has left some uncertainty in Minnesota regarding an adequate legal remedy for what’s become known as “revenge porn” crimes.   Frequent readers of our blog know that we recently prevailed at the Court of Appeals and convinced the Court that Minnesota’s criminal defamation law was unconstitutional because it violated the free speech protections of...

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Workers’ Compensation and Consequential Injuries

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WORKMAN’S COMP In the typical workers’ compensation situation, an employee suffers a work injury and there is no dispute that the injury occurred at work and is covered under workers’ compensation. However, disputes often arise when an injured employee claims that he or she has suffered a new injury as a direct result of the original work injury. The original work...

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Work Injury Over Time | Minnesota Workers’ Compensation

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WORK INJURY OVER TIME It is quite common in many different types of jobs to suffer a work injury over time, rather than suffering an injury from a single incident. Depending on the nature of the job, a work injury overtime may be covered under Minnesota workers’ compensation.   Probably the most common example of developing a work injury...

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Work Injury During Lunch or Other Work Break

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WORK INJURY DURING LUNCH OR BREAK Whether your work injury during lunch break is covered under Minnesota workers’ compensation depends on the facts of each case. The issue becomes whether that injury and resulting loss are compensable. The general rule is a work injury during lunch break is not compensable if the employee may leave the employer’s premises on an...

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Workers’ Compensation Retaliation

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In most cases where an injury has occurred at work, the only remedy is under the Minnesota Workers’ Compensation system. This means the benefits are defined by law.  In 1975, however, a provision was added to the Minnesota workers’ compensation law that prohibited retaliation against an employee for seeking workers’ compensation benefits. Under Minnesota workers’ compensation law, an employer...

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Work Comp Injuries at the Office Party

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OFFICE PARTY INJURIES In many offices in Minnesota, there are Christmas parties, office parties, picnics, or other office events. Work comp injuries at the office party may be covered under Minnesota workers’ compensation.  Several issues are analyzed in making a determination whether work comp injuries at the office party are covered. Minnesota Statute 176.021, subd. 9, provides: Injuries incurred...

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Minnesota Medical Marijuana at Work

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Can I Use Medical Marijuana at Work? Minnesota’s Medical Marijuana Law has been around for about a year-and-a-half now. Over 600 patients have successfully registered to receive medical marijuana. While the Minnesota Medical Marijuana Law offers protects registrants and medical marijuana users from certain civil and criminal penalties, the law doesn’t provide a blank check for registrants to use wherever, whenever, or however...

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Prohibited Person in Possession of a Firearm

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UNLAWFUL POSSESSION OF A FIREARM Prohibited Person in Possession of a Firearm Unlawful possession of a firearm in Minnesota is a very serious offense.  If you’re accused of being a prohibited person in possession of a firearm, you could face a lengthy prison sentence and a substantial fine. To protect your freedom and your future, contact a Minnesota criminal...

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