In just a few short weeks, an amendment to the Minnesota Human Rights Act (“MHRA”) that will provide a right to a jury trial for claims arising under that law will go into effect.

Minnesota Jury Trial Attorneys

 

The MHRA  prohibits discrimination and retaliation for opposing such discrimination in a variety of contexts, including public and private employment, housing, education, public accommodation, and more. Protected classes under the MHRA include race, color, creed, religion, national origin, sex, marital status, disability, status with regarding to public assistance, sexual orientation, and age. [click to continue…]

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On June 24, 2014, after a two-day trial, a federal jury found that officer Robert Thunder violated Madia Law Client Michael Flowers’ constitutional right to be free from unreasonable search and seizure. Madia Law Attorney Ashwin Madia represented Mr. Flowers at trial, which was presided over by Chief Judge Michael Davis of the United States District Court for the District of Minnesota.

MN Police Misconduct Lawyers

Mr. Flowers is a 51-year-old disabled black male who has Acquired Immune Deficiency Syndrome (“AIDS”), a serious and potentially deadly condition that has an extreme effect on daily life activity and enables him to receive “limited mobility” designation on his Minnesota drivers license. A designation of “limited mobility” allows for reduced fare with Metro Transit.  [click to continue…]

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On June 6, 2014, Attorney Joshua Newville of Madia Law filed a lawsuit on behalf of seven same-sex couples in North Dakota. The lawsuit, Ramsay, et al. v. Dalrymple, et al., 14-CV-57, was filed in United States District Court in Fargo, North Dakota.

Like Madia Law’s filing in South Dakota two weeks ago, the lawsuit against North Dakota officials is the first lawsuit in the state to challenge the state’s same-sex marriage ban. The lawsuit alleges the state’s ban on marrying same-sex couples and its refusal to recognize the marriages of other jurisdictions deprives gay and lesbians from their constitutionally-protected rights of equal protection, due process, and right to travel.

Advocacy group Freedom to Marry is tracking the progress of marriage equality litigation across the country.

 KFYRTV.COM – Bismarck, ND – News, Weather, Sports

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On May 22, 2014, on behalf of twelve South Dakota residents, Madia Law Attorney Joshua Newville filed a federal lawsuit in United States District Court in Sioux Falls, South Dakota.  The lawsuit challenges the constitutionality of South Dakota’s statutory and constitutional bans on same-sex marriage.

The lawsuit was filed on behalf of Plaintiffs Jennie and Nancy Rosenbrahn, Jeremy Coller and Clay Schweitzer, Lynn and Monica Serling-Swank, Krystal Cosby and Kaitlynn Hoerner, Barbara and Ashley Wright, and Greg Kniffen and Mark Church. Defendants include Governor Dennis Daugaard, Attorney General Marty Jackley, Secretary of Health Doneen Hollingsworth, Secretary of Public Safety Trevor Jones, Pennington County Register of Deeds Donna Mayer, and Brown County Register of Deeds Carol Sherman. United States District Court Judge Karen Schreier is overseeing the matter in the Southern Division of the District of South Dakota. The Court file number is 14-4081.  The allegations contained in the Complaint are below: [click to continue…]

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On behalf of the United States and the State of Wisconsin, Madia Law has filed a federal qui tam action in the Eastern District of Wisconsin federal District Court.  The filing alleges Medicare fraud against the government by multiple corporate Defendants and medical doctors in eastern Wisconsin.  Pending potential intervention by the United States Attorney’s Office, the suit remains under seal for at least 60 days.

MN and WI False Claims Act Attorneys

In a qui tam action, a private party known as a relator brings a whistleblower suit on behalf of the government; thus, the government, not the relator, is considered the plaintiff.  If the action is successful in prosecuting the fraud, the relator receives an award, generally based on a portion of the amount recovered for the government.  The False Claims Act, Title 31 U.S.C. § 3279 et seq., authorizes qui tam actions and requires that parties wishing to bring such actions retain counsel.

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Yesterday, Minnesota Governor Mark Dayton signed into law an amendment to the Minnesota Human Rights Act that will ensure victims of discrimination and retaliation are entitled to a jury trial.  The bill, SF2322, was passed by the House and Senate in previous weeks and will go into effect on August 1, 2014.

Minnesota Jury Trial Attorneys

Previously, there was uncertainty over whether a victim of workplace discrimination, harassment, or retaliation would receive a jury trial, and to what level the jury’s verdict was entitled to deference.  Due to a legal intersection of federal, state, common, and statutory law, and depending on what claims were brought and in what venue, there were often instances were individuals who have been the target of illegal activity by their employer have only been allowed a trial by judge.   [click to continue…]

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On Friday, May 2, Madia Law filed a federal lawsuit in the United States District Court for the Western District of Wisconsin. The lawsuit, filed against NeuroScience, Inc. and Pharmasan Labs, Inc., alleges pay discrimination on the basis of sex/gender.

Wisconsin Sex Discrimination Lawyers

Defendants NeuroScience and Pharmasan Labs advertise themselves as being committed to delivering personalized health care solutions. The companies include a clinical laboratory improvements-regulated specialty reference laboratory, purportedly providing licensed health care providers with integrative clinical assessments (testing) and proprietary nutraceuticals (supplements) that purportedly identify and target neurological and hormonal imbalances.

Plaintiff Danielle Ailts Campeau has a bachelor’s degree and a master’s degree from the University of Wisconsin at River Falls. Campeau’s full-time employment with Defendants began in May 2007.  Campeau began as a technical support specialist and quickly rose to one of the most senior positions in the company, overseeing multiple departments and projects and assisting in privacy and compliance officer functions.

Midway through her employment with Defendants, Campeau discovered that she was substantially underpaid compared to men in the company who had both similar and significantly less education, experience, and responsibility.  Campeau approached Defendants regarding this unequal pay and was rebuffed.  Campeau remained grossly underpaid compared to men in both comparable and less comparable positions (with regard to education, experience, and job responsibilities).

In February 2014, after opposing unfair treatment of a fellow female employee, Campeau was immediately terminated by Defendants.

Campeau is in possession of substantial evidence that she and other female employees of Defendants were and are significantly underpaid compared to men in the company.  Defendants’ actions in this regard violate Title VII of the Civil Rights Act of 1964 and the Equal Pay Act.

Campeau’s lawsuit is filed on behalf of herself and other female employees of Defendants.  Female employees will have the opportunity to join Campeau’s lawsuit as opt-in plaintiffs in this action, pursuing monetary damages from Defendants, punitive damages, and all other relief available by law.

Campeau’s attorney is Madia Law’s Joshua Newville, a Minnesota and Wisconsin employment and civil rights attorney.  Newville’s phone number is 612.349.2743.

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The Argument of the Month Club describes itself as, “The Men’s Forum for Catholic Apologetics.”  Started 14 years ago, the wildly successful forum now attracts more than 500 men to its monthly discussions.  Tackling tough and wide-ranging topics, the group’s mission is to enlighten both Catholics and non-Catholics in order to better teach and defend the Catholic faith.

Madia Law’s Joshua Newville is honored to speak at the forum on May 13, 2014.  Newville will join Attorney Joel Oster, senior legal counsel at Alliance Defending Freedom, and moderator Michael Olson from Providence Academy, in discussing a topic that intersects employment law and constitutional law: to what extent can private schools terminate employees who speak out against the institution’s principles, teaching, etc.?  Can Catholic schools fire employees who are openly opposed to the very faith tradition of the school itself?

Newville, who represents individuals in matters involving discrimination and the deprivation of civil rights and liberties, will argue that private schools must be careful not to ignore individual employee rights, i.e., principles of free speech and anti-discrimination, in a pursuit of institutional autonomy.  In presenting his argument, Newville will draw on principles and practices in constitutional and employment law, as well as recent relevant case law and broader policy considerations.

Oster, who represents churches and private schools in such litigation, argues that we’ve entered a new era regarding religious freedom – one where government passes law that requires people and institutions to violate their faith. Oster’s argument focuses on the autonomy of the church and how that relates to such constitutional principles as the free exercise of religion pursuant to the First Amendment.

The discussion will take place in the basement of St. Augustine’s Catholic Church, which is located at 408 3rd St. N. in South Saint Paul, MN 55075.  The event details, from the event website:

MENU
From the AOTM CORONARY KITCHEN!
Appetizer
Chips and salsa
Dinner
Smoked Pork, boiled red potatoes covered in herbed chived butter
Dessert
Brownies and ice cream
 
6:00pm Social Hour and Appetizers
7:00pm Dinner
7:30pm Main Presentation
8:30pm Dessert
8:45pm Q&A
$15 at the door (The total cost for the night) You will get great appetizers and beverages, hear one of the best inspirational stories you have ever heard about manhood and faith. Do all this while you listen and enjoy a fabulous “Manly Meal”. Men of all creeds and ages are welcome to join in the good humor, food, and fellowship. Priests and seminarians get in free but will not be shown partiality in debate. Fathers are encouraged to bring their minor sons.

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Twin Cities Civil Rights Attorneys

–For Immediate Release–

MAYOR HODGES TO MARRY SOUTH DAKOTA COUPLE WHO WILL CHALLENGE STATE’S SAME-SEX MARRIAGE BAN

Minneapolis, April 24, 2014 – This Saturday, Minneapolis Mayor Betsy Hodges will welcome visitors Nancy Robrahn and Jennie Rosenkranz to The City of Lakes.  The Mayor will then marry the South Dakota couple, setting the stage for them to return home and challenge a 2006 constitutional same-sex marriage ban.

The Rapid City couple has been together for 27 years.  They have four children and six grandchildren.  “We already consider ourselves married; this is a rededication of that marriage,” said Robrahn, 68.

“We are approaching the time when end of life decisions and plans need to be made.  There are many federal protections that will become available to us through this Minnesota marriage. We hope to see the day when couples like us don’t have to travel out of South Dakota to marry,” said Robrahn.

Upon returning home, the pair will join two other South Dakota couples and, together, will file a federal class action civil rights lawsuit against South Dakota government officials.  The lawsuit, which will soon be filed in United States District Court, will seek to overturn South Dakota’s same-sex marriage ban and to require the state to recognize marriages performed out of state.

Attorney Joshua Newville of Minneapolis-based Madia Law LLC represents all three couples. “These couples show that love and commitment exist in South Dakota just as they exist in Minnesota and beyond.  South Dakota has failed to treat all of its citizens with the dignity and respect deserved by all people.  With the filing of this lawsuit, we will lead South Dakota down a better path,” said Newville.

At 1:00 P.M. on Saturday, April 26, 2014, Mayor Hodges will marry the couple in a private ceremony at the Community of Christ Church in North Minneapolis.  The ceremony will be followed by a press conference at 1:30 P.M., where the Mayor will introduce the couple as, “Mrs. and Mrs. Rosenbrahn.”

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On Friday, March 21, 2014, Ashwin Madia was invited to speak to students at St. Louis Park High School regarding the rule of law.  Madia is a former Marine JAG who served in Iraq and helped establish the rule of law in the war-torn country.  A full video of the speech is available below:

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Changes to Overtime Regulations Expand FLSA Coverage

March 18, 2014

Last week, in a move that will lead to millions more employees being eligible for overtime wage rates for hours worked over 40, President Obama signed an executive order modifying regulations contained in the Fair Labor Standards Act (“FLSA”). The FLSA requires that employees who are not classified as “exempt” must be paid overtime wage […]

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Madia Law Files 4th Amendment Lawsuit Against Bloomington Police Officer Jeff Thibert

February 21, 2014

On Monday, Madia Law filed suit in United States District Court on behalf of Plaintiff Tammy Liddle against Bloomington Police Officer Jeff Thibert.  Ms. Liddle’s federal lawsuit (14-CV-431-JNE/JSM) alleges unreasonable search and seizure, unlawful arrest, and excessive force.  Ms. Liddle is also in possession of squad cam video of the subject incident.   Below is […]

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Ashwin Madia: “Leading Outside Your Comfort Zone”

January 29, 2014

On January 15, 2014, Ashwin Madia spoke on Leading Outside Your Comfort Zone as part of the University of Minnesota Law School‘s Corporate Institute Leadership Foundations Program.  Below is a video and transcript of his talk:

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January 2014: Madia Law Files Suit Against Baxter Police Officer

January 14, 2014

The ability to safely, calmly and professionally interact with the public without rage and violence is an intrinsic and basic part of law enforcement.  According to a lawsuit filed by Madia Law on behalf of Walter Tournat, an 85-year-old disabled Navy veteran who had called police to his own home, on November 16, 2013, Baxter Police […]

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December 2013: Madia Law beats summary judgment and settles age discrimination case

January 10, 2014

Madia Law settled an age discrimination case on behalf of “Joan” after defeating her former employer’s motion for summary judgment. The terms are confidential pursuant to the parties’ settlement agreement.

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Failure to Treat Exotic Dancers as Employees a Liability

January 8, 2014

Historically, owners and managers of strip clubs have adhered to a business model that classifies exotic dancers (often called “strippers”) as independent contractors rather than employees.  By classifying dancers as independent contractors, employers are able to reap the financial benefits of having dancers work for them (and, as a result, turning a profit) while simultaneously […]

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Email and Social Media: Nothing is private. Nothing.

December 5, 2013

The myriad surveys, articles, and headlines are clear: whether you are aware of it or not, your employers—both prospective and current—are monitoring (and, in some instances, controlling) your social media presence. [1] [2] [3].  As long as management-side employment law attorneys continue to tout a parade of horrible to their clients regarding social media, this trend will […]

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Criminal Charges Against Police Officers Rare

November 22, 2013

The Stolen Lives Project determined that during the entire decade of the 1990′s, over 2000 deaths occurred at the hands of police officers.  Seven years ago, a bureau of the U.S. Department of Justice released a similar report that focused only on the years 2003 thru 2005.  That report indicated that over 2000 people died while […]

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November 2013: Madia Law Files Federal Qui Tam Action

November 21, 2013

On behalf of the United States and multiple State governments, Madia Law has filed a federal qui tam action in federal District Court.  The filing alleges fraud against the government by multiple corporate Defendants.  Pending potential intervention by the United States, the suit remains under seal for at least 60 days. In a qui tam action, […]

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October 16, 2013: Madia Law Files Overtime Class Action Against Lessors, Inc.

October 17, 2013

Lessors, Inc. is a national trucking company based in Eagan, Minnesota.  On October 16, 2013, on behalf of current and former Lessors employees, Madia Law filed a class and collective action wage and hour lawsuit against Lessors in United States District Court. The plaintiffs, on behalf of themselves and other employees, allege that Lessors has […]

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