Wednesday, January 12, 2011



For It's One, Two, Three Strikes You're Out!

(except at the University of Minnesota?)


A reader points out in the comments section of my previous post:

Strike One: The Minnesota Supreme Court rejects the arguments of the U of M general counsel and rules that the state Data Practices Act and Open Meeting Law do apply to the University. Star Tribune Co. v. University of Minnesota Board of Regents, 683 N.W.2d 274 (Minn. 2004).

Strike Two: The Minnesota Court of Appeals rejects the argument of the U of M general counsel and rules that the decision of the U of M provost in a student disciplinary proceeding was arbitrary and capricious and denied due process to the student. Berge v. University of Minnesota, 2010 Minn. App. Unpub. Lexis 1002 (September 21, 2010), review denied, 2010 Minn. App. Lexis 704 (Minn. S.Ct. December 14, 2010).

Strike Three: The United States Supreme Court rejects the argument of the U of M general counsel and rules that the University must make FICA (social security) payments on the stipends of medical residents. Mayo Foundation & Regents of the University of Minnesota v. United States, No. 09-837 (January 11, 2011).


I will also point out that the advice - presumably there has been some - of the General Counsel's Office on the Jimmy Williams affair and the upcoming suit by a former female golf coach has also been egregiously wrong.


Time for a new manager in the General Counsel's Office?




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