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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 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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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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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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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 continue.

There are and have been countless warnings in the form of online articles, workplace policies, and various other friendly reminders: think twice before using social media to broadcast your stream of consciousness via poorly-thought status updates and 140-character snark-ridden commentary.  Yet, employees continue to tank their present or prospective employment by making atrociously bad decisions relating to social media. [4] [5].

Minnesota and Wisconsin Employment Law Attorneys

It is imperative that employees begin to grapple with the reality of social media: absolutely nothing is as private as you think. [click to continue…]

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The Equal Employment Opportunity Commission is in the business of keeping people from being treated unfairly in the workplace.  Somewhat ironically, the vast majority of the EEOC’s employees are at home today, having been forced out of work since the federal government shut down 11 days ago.  Their lack of employment during the shutdown is also affecting thousands of employees in the private sector who have been harassed, discriminated, retaliated again, and underpaid.

Minneapolis Employment Law Attorneys

Due to the EEOC’s shutdown contingency plan, approximately 100 of the EEOC’s nearly 2200 employees are working during the furlough period. According to the agency’s plan, those employees will simply stamp claims of discrimination with their receipt dates as they are filed.  Investigation of those charges, however, will not continue until the federal government is reopened and funding is properly restored.   [click to continue…]

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Madia Law filed a class and collective action lawsuit in February against Regency Beauty Institute (a national for-profit cosmetology school) on behalf of current and former employees in Regency’s Admissions Department seeking unpaid overtime wages.  On July 15, U.S. District Court Judge Donovan Frank granted Plaintiffs’ Motion for Conditional Class Certification.

Call Center

The five named plaintiffs in the suit worked as Admissions Representatives at Regency; their job was to make phone calls to prospective students regarding Regency and attempt to enroll them in the school.  They allege that they were not properly paid overtime pay during their time at Regency and that, when they raised the issue with Regency leadership, they were told not to pursue the issue or “burn bridges.”  The lawsuit is described in detail here.  Since the lawsuit was filed in February, eleven additional Admissions Representatives have joined.

The Court’s decision allows Plaintiffs to notify – through a Court authorized notice – all potential class members of the existence of the lawsuit and their ability to participate.  Additionally, the Court’s decision mandates that Regency post notice of the lawsuit at its workplace so that current employees may also make informed decisions regarding participation in the suit.

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Madia Law Hiring for Legal Assistant

July 22, 2013

Madia Law is currently accepting applications for the position of Legal Assistant. This position in a small civil litigation firm focusing on employment law, business litigation, and civil rights matters. Madia Law is located in downtown Minneapolis near Target Field in the Warehouse District.

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Using an Investigator for Employment Law Discovery

July 10, 2013

Employment disputes can be tumultuous, often leading to a “your word against mine” situation.  However, when one of those parties is a large corporation and the other is just a single employee, the employee can be at a slight disadvantage in terms of the weight given to on their recollection of events by the judge […]

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WI Supreme Court Reviews Cell Phone Tracking Against 4th Amendment

July 9, 2013

The Wisconsin Supreme Court recently agreed to take a case that could potentially lead to the Badger State becoming only the second state to require a warrant before tracking an individual based on their cell phone.  In May, Montana enacted a bill that made them the first.  See H.B. 603, 63rd Leg., Reg. Sess. (Mont. 2013). In June 2009, […]

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SCOTUS Kills DOMA and Prop 8; Sexual Orientation Discrimination Lives On

June 28, 2013

It’s been a busy week for employment law and civil rights.  The impact of the past week’s Supreme Court decisions on these two areas of law cannot be understated.  The Voting Rights Act was gutted, killing protections put in place to prevent discrimination at the ballot box.  The Civil Rights Act was substantially weakened, stripping […]

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Supreme Court Weakens Title VII Protections

June 24, 2013

From Justice Ginsburg’s dissent in today’s Supreme Court Decision in Vance v. Ball State, which narrowly defined “supervisor” so as to limit employer liability (thus, employee protection) in workplace harassment cases: Exhibiting remarkable resistance to the thrust of our prior decisions, workplace realities, and the EEOC’s Guidance, the Court embraces a position that relieves scores of […]

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Effective E-Discovery in Employment Law Litigation

June 20, 2013

In employment lawsuits, preserving, finding, and utilizing electronic evidence can mean the difference between winning, winning big, or losing on summary judgment.  Electronic discovery (“e-discovery”) is an important source of critical evidence that can help you establish proof of discrimination, retaliation, and pretext.  Because such evidence can be digitally buried in complex servers and information […]

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Whistleblower Law: Increased Protection For Minnesota Employees

June 19, 2013

On May 24, 2013, Governor Mark Dayton signed HF 542, a bill adding additional protections for whistleblowers.  The Minnesota Whistleblower Act (MWA) was originally passed in 1987, and the purpose was to prohibit employers from acting in a retaliatory manner against employees who made a good faith report of any federal or state law or […]

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Increase in Minneapolis Police Misconduct Lawsuits: a Result of Failed Oversight?

June 18, 2013

A civilized society depends on a well-maintained police force dedicated to service and protection.  However, when officers stray from the duties sworn in their oath, the citizens must have some method of redress.  The current approach in Minneapolis ignores the importance of deterring unacceptable officer behavior and instead focuses on mitigating bad press and decreasing […]

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Problems With Caps on Damages in Employment Law Suits

June 3, 2013

Early last month, a federal jury in the Southern District of Iowa awarded a $240 million verdict to 32 mentally disabled men that suffered through years of slave-like employment in a turkey slaughterhouse operated by Henry’s Turkey Service, also known as Hill Country Farms.  Hill Country, a Texas based company, operated the slaughterhouse in Iowa […]

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EEOC Sues Employers for Use of Genetic Information

May 28, 2013

On May 7, the United States Equal Employment Opportunity Commission (“EEOC”) brought (and quickly settled) its very first case under the Genetic Information Nondiscrimination Act (“GINA”).  The complaint alleged that an employer had illegally gathered genetic information during job applicants’ medical exams. GINA, which went into effect in 2009, prohibits the use of genetic information […]

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