Episodes
The ComMN Law is a Minnesota Supreme Court podcast. Each podcast, we bring you legal news and highlight one interesting case at the Minnesota Supreme Court.
Podcast episodes, show notes, and CLE codes listed below.
In our June episode, we discuss legal news, cover resulted cases published since our last episode, and walk through our featured case, Fagin v. State. Transcript of the episode here.
A brief update on the Cruz-Guzman school-segregation case (initially heard at SCOM summer 2018), and charter schools’ unsuccessful attempt to be exempted from the decision
The Brodkorb-MacDonald saga never ends, as Michelle MacDonald survives Brodkorb’s attempt to get her case thrown out for missing deadlines
Mark gives tribute to Justice Lillehaug, who announced this month that he would retire from the bench after next term
Resulted opinion in Central Housing Associates v. Olson, our November case (with an outcome surprising to us at TCL HQ)
Court of appeals opinion in Fagin v. State
Oral argument in Fagin v. State (podcast form here)
Briefing in Fagin v. State:
Appellant (State of Minnesota) brief
Respondent (Fagin) brief
Appellant (State of Minnesota) reply brief
On-Demand CLE Code: 275958*
In our May episode, we discuss legal news and walk through our featured case, Firefighters Union v. City of Brainerd. Transcript of the episode here.
A pair (one and two) of K. Feath pieces in MN Lawyer outlining what went down with the Public Safety/Judiciary budget
Report from the International Bar Association on harassment and bullying in the legal profession, as well as a MN Lawyer piece highlighting the finding that a third of female lawyers are sexually harassed
Here’s everything we know about the lake-naming controversy (post-recording update: the State has appealed the COA ruling to the MN Supreme Court)
Court of appeals opinion in Firefighters Union v. City of Brainerd
Oral argument in Firefighters Union v. City of Brainerd (podcast form here)
Briefing in Firefighters Union v. City of Brainerd:
Appellant (City of Brainerd) brief
Respondent (Firefighters Union) brief
Appellant (City of Brainerd) reply brief
On-Demand CLE Code: 274487*
In our April episode, we discuss legal news, cover interesting cases that have resulted since our last episode, and walk through our featured case, MN Sands v. County of Winona. Transcript of the episode here.
Justice Thissen pokes MN Supreme Court for “Sesame Street” approach
Folks, don’t skirt your taxes like William Butler, regardless of what Jesus says (if you have hours of time to kill, check out this blog that we do not recommend)
Courts deny funding for public defender interpreter services (heading soon to a SCOM near you)
Opinion published in the case featured in our September episode, Warren v. Dinter
Oral argument in MN Sands v. County of Winona
Briefing in MN Sands v. County of Winona:
Appellant (Minnesota Sands) brief
Respondent (County of Winona) brief
Appellant (Minnesota Sands) reply brief
On-Demand CLE Code: 273081*
In our March episode, we discuss legal news, cover interesting cases that have resulted since our last episode, and walk through our featured case, State v. Harvey. Transcript of the episode here.
Alan Page visited Grey Cloud Elementary where he spoke fondly of his time on the court (including in relation to his many other career acheivements)
In the latest Michelle MacDonald update, Michael Brodkorb and Allison Mann (see our interview with all three in our Maethner v. Someplace Safe episode) were awarded summary judgment in MacDonald’s defamation case against them and their organization, Missing in Minnesota
MN Supreme Court hosted a Call to Action for Lawyer Wellbeing where industry stakeholders were invited to discuss and begin to implement changes to address the crisis of lawyer wellbeing in our legal community
Justice Thissen (and TCL!) in another excellent Jon Schmidt interview for Bench & Bar of Minnesota
Oral argument in State v. Harvey
Briefing in State v. Harvey:
Appellant (Harvey) brief
Appellant (Harvey) pro se brief
Respondent (State) brief
Appellant (Harvey) reply brief
On-Demand CLE Code: 271511*
In the Matter of the Application of J.M.M. o/b/o Minors for a Change of Name
A17-1730
Opinion published January 22, 2020
In our February episode, we will discuss legal news, cover interesting cases that have resulted since our last episode, and walk through our featured case, In the Matter of the Application of J.M.M. We also chat with the Standpoint Executive Director Rana Alexander, who filed an amicus brief in this case. Transcript of the episode here.
Justice Thissen speaks about equity, impartial courts
The Star Tribune highlights how Minnesota’s judicial budget request reflects impending wave of retirements
Court of Appeals opinion in In the Matter of the Application of J.M.M. (and its prior opinion on initial appeal)
Oral argument in In the Matter of the Application of J.M.M.
Briefing in In the Matter of the Application of J.M.M.:
Appellant (J.M.M.) brief
Respondent (appointed counsel) brief
Appellant (J.M.M.) reply brief
Amicus (Standpoint and Battered Women’s Justice Project) brief
On-Demand CLE Code: 269915*
In our January episode, we discuss legal news, cover an interesting court of appeals case that might make its way to the supreme court, and walk through our featured case, Larson v. Gannett Company. Transcript of the episode here.
New Minnesota judicial selection commissioner pledges to continue diversifying courts
MN Lawyer’s K. Feather on Blaha’s blues and the saga of financing government officials’ adventures to the MN Supreme Court
The court of appeals begins posting its oral arguments online and already has quite a large archive just one month in (happy listening, law nerds!)
Fallout from last summer’s hottest Education Clause case is that Forslund v. State (also known as next summer’s hottest Education Clause case) got another shot at the court of appeals, which rejected it again
Court of Appeals opinion in and MN Lawyer summary of Larson v. Gannett Company
Oral argument in Larson v. Gannett Company
Briefing in Larson v. Gannett Company:
Appellant (Larson) brief
Respondent (Gannett Company) brief
Appellant (Larson) reply brief
Respondent (Gannett Company) reply brief
Amicus (various media organizations) brief
On-Demand CLE Code: 268783*
In our December episode, we discuss legal news, cover an interesting case that has resulted since our last episode, and walk through our featured case, Bandemer v. Ford Motor Company. Transcript of the episode here.
Dan Heilman for MN Lawyer on a survey that showed that (1) the “Twin Cities overall pays partners far less than in many larger markets” and (2) “male partners have consistently reported substantially higher average compensation than their female counterparts”
You know you want to read this sexy story about legislative process reform . . .
#tbt to Dusosky v. Fischbach (the case about “sitting on two seats with one butt”) and Fischbach’s defense that was recently retroactively funded by the MN Legislature
Justice Thissen’s first majority opinion published December 5, 2018, State v. Ortega-Rodriguez
Court of Appeals opinion in Bandemer v. Ford Motor Company
Oral argument in Bandemer v. Ford Motor Company
Briefing in Bandemer v. Ford Motor Company:
Appellant (Bandemer) brief
Respondent (Ford) brief
Appellant (Bandemer) reply brief
Amicus (US Chamber of Commerce) brief
On-Demand CLE Code: 267974*
In our November episode, we discuss legal news, cover interesting cases that have resulted since our last episode, and walk through our featured case, Central Housing Associates v. Olson. Transcript of the episode here.
Results of the judicial elections and our previously unreleased audio of Michelle MacDonald signaling that she has not ruled out a 2020 run (heads up, Justices Lillehaug and Thissen)
David Schultz’s op-ed in the Pioneer Press, “Let’s appoint, rather than elect, Minnesota judges,” on Minnesota’s mode of choosing judges
Former-Justice Alan Page’s comments for CBS News on the current administration and his op-ed in the Strib on why he accepted the Presidential Medal of Freedom (he also stopped by his namesake middle school to discuss accepting the award with students there)
Justice Anderson sits for an interview with Jon Schmidt (of State v. Edstrom fame) for Bench & Bar of Minnesota
Opinion in In re Marriage of Gill (our featured case from May) with synopses from the firm that argued the case and MN Lawyer’s Barbara L. Jones
Opinion in Depositors Insurance Company v. Dollansky, authored by Justice Hudson, with a seventeen-page dissent (his first!) from Justice Thissen, as well as the MN Lawyer summary
Order not adopting the proposed amendments to Minnesota Rule of Evidence 404(b), with another dissent from Justice Thissen, taking up the mantle of his predecessor, former-Justice Stras, on the need to amend 404(b)
Court of Appeals opinion in Central Housing Associates v. Olson
Text of Minn. Stat. § 504B.441 and Minn. Stat. § 504B.285
Oral argument in Central Housing Associates v. Olson
Briefing in Central Housing Associates v. Olson:
Appellant (Olson) brief
Respondent (CHA) brief
Appellant (Olson) reply brief
Amicus (Renters United for Justice/Inquilinxs Unidxs por Justica) brief
On-Demand CLE Code: 266449*
In our October episode, we take a deep dive into the upcoming judicial election with highlights from the October 4th judicial candidate forum, as well as a discussion with guests Michelle MacDonald, Michael Brodkorb, and Allison Mann on the candidates and their qualifications. Finally, we walk through our featured case, Maethner v. Someplace Safe. Transcript of the episode here.
MN Lawyer’s Kevin Featherly with an update on the finances of the 2018 judicial races (bottom line: no one is trying to buy our judges . . . yet)
Justice Chutich's campaign website and Michelle MacDonald’s campaign website
Video of the judicial candidate forum in Golden Valley on October 4, hosted by the League of Women Voters and the Minnesota State Bar Association, featuring Justice Chutich and Judge Jesson, as well as their respective challengers, Michelle MacDonald and Anthony L. Brown
Michelle MacDonald's disciplinary case suspending her from the practice of law for 60 days starting in January 2018 followed by supervised probation for 2 years, her cert petition to the US Supreme Court (and its denial), both of which she discusses in our interview
Missing in Minnesota highlights Michelle MacDonald’s involvement in the Grazzini-Rucki case and subsequent disciplinary history (with documents relating to her most recent disciplinary investigation)
Minnesota Lawyer reports on Michelle MacDonald’s lawsuit (complaint here) against Michael Brodkorb and Allison Mann, from the initial filing, to the lack of the factual basis for the suit, to the resulting disciplinary investigation
Michael Brodkorb and Allison Mann release their book, The Girls Are Gone, which chronicles the disappearance of Samantha and Gianna Rucki, and includes an examination of MacDonald’s legal work on the case
First Amendment Scholar Eugene Volokh weighs in on the First Amendment questions in our featured case, Maethner v. Someplace Safe (Professor Volokh filed an amicus brief in this case with his band of “bloggers and podcasters”)
Court of Appeals opinion in and MN Lawyer summary of Maethner v. Someplace Safe
Oral argument in Maethner v. Someplace Safe
On-Demand CLE Code: 265435*
In our September episode, we discuss legal news, cover interesting cases that have resulted since our last episode, and walk through our featured case, Warren v. Dinter. Transcript of the episode here.
Winona Daily News article on the retirement of Judge Jeffery Thompson, which prompted the Third Judicial District to begin a discussion that eventually led the Supreme Court to issue an order moving Judge Thompson's former seat from Winona Court to Olmsted County
Minnesota State Bar Association poll on contested appellate judicial races; Justice Thissen’s OTD tweet on a constitutional case interpreting what it means to be “learned in the law,” a requirement for judicial office in Minnesota; and Allison Mann’s musing on possible implications for the upcoming judicial race
Star Tribune feel-good story on Ralph Campbell, a twenty-nine years sober licensed drug and alcohol counselor, who has been the "glue" of the Hennepin County DWI Court since he began volunteering there in 2008
Register for the Minnesota Historical Society's Justice Jeopardy on October 11 (see you there, ComMNers!)
Opinion in State v. Edstrom, published August 15, 2018
Opinion in Johnson v. State, published August 22, 2018
Court of Appeals opinion in Warren v. Dinter
Oral argument in Warren v. Dinter
On-Demand CLE Code: 262905*
Justice David Lillehaug
91st Justice of the Minnesota Supreme Court
In our August episode, we catch up with Justice Lillehaug at the Minnesota Judicial Center and cover his life story, his time on the court, and his personal life with our regular lightning round. Transcript of the episode here.
Justice Lillehaug's Bench & Bar piece on unpublished opinions in Minnesota's appellate courts
Opinion in Axelberg v. Commissioner of Public Safety, 848 N.W.2d 206 (Minn. 2014), including Justice Lillehaug's (and Justice Wright's and Justice Page's) dissent
2015 amendments to Minn. Stat. § 169A. 53 in response to Axelberg v. Commissioner of Public Safety and its many dissents
Justice Anne McKeig
94th Justice of the Minnesota Supreme Court
In our July episode, we discuss legal news, cover interesting cases that have resulted since our last episode, and visit Justice Anne McKeig in her chambers for a discussion about the finer points of judging, running for re-election, and her favorite Hollywood Chris. Links from the episode below. Transcript of the episode here.
Justice Thissen sworn in as 95th Associate Justice of the Minnesota Supreme Court
Transcript of Chief Justice Gildea's State of the Judiciary Address, highlighting, among other things, the Chief's proposal to take another look at the Limited License Legal Technicians model
Petition of Minnesota State Bar Association to amend rule 4(c) for admission to the bar to "permit certain qualified law students to sit for the bar examination during their final year in law school"
Ibrahim Hirsi's important piece on "why the people who serve as interpreters in Minnesota courts are not happy with those who run Minnesota courts" (post-recording update: read state court administrator Jeff Shorba's response)
Featured tweets from our monthly "Top Thissen Tweets" segment: #2, #1
Opinion in Cruz-Guzman v. State, published July 25, 2018, as well a nice backgrounder on the case and commentary from the Institute on Metropolitan Opportunity on the implications of Justice Hudson's majority opinion (and Will Stancil's tweet about "that" footnote)
2017 Hennepin Lawyer profile of Justice Anne McKeig written by former clerk Brittney Miller
In our June episode, we discuss legal news, cover interesting cases since our last episode, and walk through our featured case, Johnson v. State. Links from the episode below. Transcript of the episode here.
Minnesota Lawyer article on the first known CLE credit revoked
Dusosky v. Fischbach ends in dismissal after Fischbach resigned from the Senate, took the oath of office for Lieutenant Governor, and was named as Tim Pawlenty's running mate
Justice Lillehaug sits for an interview with John Schmidt (who argued State v. Edstrom) for Bench & Bar of Minnesota, and discusses, among other things, his well-known views on unpublished opinions
Michelle MacDonald's disciplinary case suspending her from the practice of law for 60 days, her cert petition to the US Supreme Court, and videos one and two of her being confronted by security at the GOP booth at the Minnesota State Fair in 2014 (and a bonus Sack cartoon of the occasion)
Media coverage of Lillehaug vs. MacDonald in 2014, coverage of Hudson vs. MacDonald in 2016, and preliminary thoughts from a reporter and a GOP State Representative on Chutich vs. MacDonald in 2018
Justice Chutich's campaign website ( ← SEND MONEY HERE), Chief Justice Gildea's campaign website, Justice Anderson's campaign website, and Justice McKeig's campaign website
Moorhead lawyer fights two-decade war on circumcision
Featured tweets from our inaugural monthly "Top Thissen Tweets" segment: #4, #3, #2, #2, #2, #1
Opinion in and article about Minnesota Voters Alliance v. Mansky, a case issued by a lesser high court that we are sure is trying its best
Background for our featured case: Birchfield v. North Dakota (SCOTUS), State v. Trahan (SCOM), State v. Thompson (SCOM), and Minnesota Lawyer commentary on the 2016 set
Court of appeals opinion in Johnson v. State
Oral argument in Johnson v. State
Post-recording update: The court issued an opinion in Christensen v. Healey on June 20, 2018, authored by Justice Hudson. We discussed this case in our second episode and made fun of the court in this episode for not yet releasing it as of our recording. Read Justice Hudson's opinion here.
On-Demand CLE Code: 259816*
In our May episode, we discuss legal news, cover important cases that have resulted since our last episode, and walk through our featured case, In re Marriage of Gill. Links from the episode below. Transcript of the episode here.
Watch Governor Dayton and Justice Thissen's press conference announcing his nomination (and learn how to pronounce his name here)
Watch oral argument for cameras in the courtroom, and read commentary on it here
Read cases that have resulted since our last episode, including Otto and Webster
Court of appeals opinion in In re Marriage of Gill
Oral argument in In re Marriage of Gill
On-Demand CLE Code: 258763*
In our April episode, we discuss legal news (both entertaining and serious), cover an interesting case since our last episode (Christensen v. Healey), and walk through our featured case, State v. Edstrom. Links from the episode below. Transcript of the episode here.
Read Judge Guthmann's February 12 dismissal of Dusosky v. Fischbach, and check out here, here, and here for updates on the case that still isn't*
For our regular "Lawyer Does Fun Thing" segment, criminal defense attorney Judith Samson solves a buxom woman's biggest problem (watch her rap commercial then start bridging)
Minnesota Supreme Court vacancy shortlist update
Case summary for our non-featured interesting case, Christensen v. Healey
MNCourts news update on the court convening at Anoka High School to hear State v. Edstrom
Court of appeals opinion in State v. Edstrom
Oral argument for State v. Edstrom on April 11, 2018
*Post-recording update: Dusosky (finally) re-filed her lawsuit on April 10, 2018. Read the coverage of and complaint in Dusosky v. Fischbach II
On-Demand CLE Code: 257377*
In our inaugural episode, we discuss legal news, interesting cases from the beginning of the calendar year, and our featured case, Otto v. Wright County et al. Links from the episode below. Transcript of the episode here.
Nibble on this article about snacks from the Star Tribune, and follow lawyer-turned-microinfluencer @snackcellar on instagram
Backgrounder on the Fischbach legal battle and commentary from Minnesota Lawyer on the meeting of the Advisory Committee on Capitol Area Security
Kare 11's piece on how Minnesota courtrooms are becoming more diverse
Case summary for our non-featured interesting case, State v. Decker (the dick pic case), and a blog post on the court of appeals' ruling
Court of appeals opinion in Otto v. Wright County et al.
Oral argument for Otto v. Wright County et al. on January 3, 2018
On-Demand CLE Code: 257376*
*Minnesota Board of Continuing Legal Education Rule 5A(7) requires us to keep a list of all individuals who claim credit for listening to our podcasts. Please submit your information here so we can comply with the rules and continue to provide free CLEs to our listeners. We will obviously never give your information to anyone except the Board if they ask to compare lists.