Feb
21

Forcing a Contractor to File a Mechanic’s Lien Often Makes for Poor Negotiation Strategy

Various news outlets recently have been reporting on yet another story involving President-elect Donald Trump (big surprise there). Luckily this story was not a political one, was not unverified, and touches on an important issue concerning mechanic’s liens in construction law.

The basic story is that at least three contractors have filed mechanic’s liens against the Trump International Hotel totaling at $5 million dollars in unpaid labor and materials (see, for instance,...

Feb
6

How TPS Can Help You Get a Green Card

In order to qualify to adjust status from within the United States (i.e. apply for a green card), you have to have been “inspected and admitted or paroled.” In other words, a person who entered without a visa or other documentation must generally return to his or her home country to apply for an immigrant visa there rather than filing for a green card from within the United States. This requirement serves to trap many longtime recipients of Temporary Protected Status (“TPS”) in TPS even though they have relatives who could petition for them. 

Wilson Law Group attorneys David Wilson...

Jan
3

Extending a Minnesota Driver’s License with a “Status Check” Date

If you have TPS, DACA, U nonimmigrant status, a pending application for permanent residency or asylum, or one of several other temporary nonimmigrant statuses, you may be eligible to obtain a Minnesota driver’s license.  In most cases, the Minnesota driver’s license will have a “status check” date that matches the employment authorization document (EAD) or visa expiration date. 

If your EAD or visa has expired, but you have an application for renewal or extension of status pending, you may be eligible to temporarily extend the “status check” date on your Minnesota driver’s...

Jan
3

Employment Authorization Document Renewal is Changing

Many immigrants with employment authorization documents (EADs) must renew their cards every year or two.  Because the Department of Homeland Security is inconsistent in adjudicating EAD renewals, some immigrants’ EADs expire while they desperately wait for their renewal applications to be approved.

In an attempt to cure this problem, the Department of Homeland Security will soon begin automatically extending the validity of certain EADs when the immigrant files a renewal application.  This means that a person who files a renewal application before his or her EAD expires will be able to...

Dec
16

Minnesota’s New Revenge Porn Law and Free Speech

On August 1, 2016, a new Minnesota law came into effect criminalizing acts involving what is commonly known as “revenge porn.”  The law is intended to protect people from the actions of jilted partners who post on the internet or otherwise distribute sexual images of their ex’s, often including names and contact information.  Minnesota Statute 617.261, entitled “Nonconsensual Dissemination of Private Sexual Images,” makes it a crime “to intentionally disseminate” a private sexual image of another, identifiable person.  Under this law, the person who disseminated the image...

Nov
25

Jurisdicción de la corte de familia sobre no residentes de Minnesota

Wilson Law Group representa regularmente a clientes que buscan un divorcio de un cónyuge viviendo fuera de Minnesota.  Nos encontramos con una situación común donde las partes se han separado por años, a menudo por las fronteras o los océanos, pero en realidad no se han divorciado.  Finalmente, el cónyuge reconoce que ha llegado el momento de disolver el matrimonio, por diversas razones personales.  El paso del tiempo no haga simplemente las partes se divorciaron (un desafortunado mito que persiste), y cualquier matrimonios posteriores son inválidos si no se disuelve el...

Nov
25

When a BB Gun Is Not a Gun

In a case published on October 19, 2016, the Minnesota Supreme Court decided an issue long debated in Minnesota Courts: Is a BB gun a firearm under Minnesota Criminal Law. The issue was presented when the State charged Mr. Haywood with violating Minn. Stat. § 609.165, subd.1b, which criminalizes the possession of a firearm by an ineligible person. The Court’s analysis is also relevant to any case in which an individual is charged with possession or use of a firearm when the term “firearm” is not specifically defined by statute.

In the case, State v. Haywood, No. A14-1792, 2016 WL...

Oct
12

Recognition of Parentage: Simple Form with Serious Outcomes

When a child is born in Minnesota to an unmarried mother, the mother automatically has sole legal and sole physical custody of that child under Minn. Stat. § 257.541.  When this happens, many parents sign a Recognition of Parentage, or ROP, form so that the baby’s birth certificate will have both parents listed. This is a form that is frequently signed at the hospital and is then submitted to the Minnesota Office of Vital Statistics. The ROP can be signed at any time, however, no matter how old the child is. Signing the ROP is easy to do, but doing so can cause significant...

Oct
3

New Developments in DWI Law

Birchfield v. North Dakota

For years, lawyers in Minnesota have argued about the validity of the Minnesota Implied Consent Law and the corresponding criminalization of refusal to take a blood, breath, or urine test.  In Minnesota, as in many other states, in order to enforce laws against drunk driving, statute establishes that by applying for a driver’s license, you have impliedly consented to a test if there is probable cause to believe that you have been drinking prior to operating the vehicle.[1]  If you are asked to take a test and you refuse to comply, the refusal results in a more...

Sep
28

Calculating Wages Not Paid: Tyson Foods v. Bouaphakeo

In a decision earlier this year, the Supreme Court issued a ruling that employees proceeding together as a putative class, or as a collective for claims under the Federal Fair Labor Standards Act (“FLSA”), can demonstrate commonality through statistical evidence that is not particular to the plaintiffs and events at issue. The decision in the case, Tyson Foods, Inc. v. Bouaphakeo et al., 765 F.3d 791 (2016)[1] dealt with Tyson employees who stated that their employer failed to compensate them for time putting on and taking off protective gear required for that work. They claimed that...

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