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Today on Verdict

Protecting Social Security From an Onslaught of Misinformation: Young People Need to Make Sure That This Essential Program Will Be There to Help Them

Neil H. Buchanan

Justia columnist, George Washington law professor, and economist Neil Buchanan cautions young people that there is much misinformation in the media, and from some in Congress, now about Social Security, which he urges them to resist. Read Article

Daily Opinion Summaries

Minnesota Supreme Court

Summaries for February 15, 2013

Green v. BMW of N. Am., LLC

Plaintiff leased a vehicle from BMW. Plaintiff claimed the leased vehicle was defective and brought suit against BMW. After a bench trial, the trial court awarded Plaintiff $25,157 in damages based on Minnesota's lemon law. The district court then granted Plaintiff's motion for an award of attorney fees and litigation costs, awarding Plaintiff a total of $229,064 in fees and costs. In reaching its conclusion on attorney fees, the court determined that it was "improper to compare the amount of reasonable legal fees to the amount of recovery in determining the proper fee award." The court of appeals affirmed. The Supreme Court reversed, holding (1) the amount involved in the litigation and the results obtained are relevant factors that the district court is to consider in awarding attorney fees under Minnesota's lemon law; and (2) the district court abused its discretion by failing to consider these factors in awarding attorney fees under the lemon law. Remanded.

Berkovitz v. State

After a jury trial, Defendant was convicted of first-degree premeditated murder and attempted first-degree murder. Defendant was sentenced to life imprisonment. The Supreme Court affirmed Defendant's convictions on direct appeal. Defendant filed a petition for habeas corpus relief in federal district court, which was denied, and a petition for postconviction relief in state court, which was also denied. Defendant subsequently filed a second petition for postconviction relief, which the postconviction court denied after concluding that the petition was filed after the expiration of the two-year limitations period in Minn. Stat. 590.01, subd. 4(a)(2). The Supreme Court affirmed, holding that the district court did not abuse its discretion in denying the petition as untimely, as the petition satisfied neither exception to the limitations period.