About Benjy Schirm, J.D.
Benjy Schirm is a storyteller, writer and advocate. He attended the University of Iowa as an undergrad, worked as a theater artist, and went on to earn a J.D. from Western Michigan University so he could take his storytelling from the stage to the courtroom. He has contributed to legal publications in Minnesota, and is a North Star Lawyer, full-time public defender serving Rice County, and on the 4th District Ethics Committee as an investigator.
Articles written by Benjy Schirm, J.D.
Can the Government Buy My Property?
If you’ve received a piece of certified mail stating in no uncertain terms that the city intends to purchase your land or real estate for the good of the public, it might not be a scam. The government is authorized to exercise eminent domain authority “if the taking is for a public use and the property owner is paid just compensation.” Yes, you read that right: The government can take your private property if they have a legitimate public use for doing so. For help contesting an eminent …
How Do I Remove Negative Content About Me From the Internet?
To initiate the removal of negative content from the internet through a cease and desist letter, you must file a defamation lawsuit and submit a takedown request. Website hosts generally have a content removal process for information that violates their terms of service, including privacy violations, libel or false statements, non-consensual media, and harassment. For identity theft, copyright infringement, or publicity rights violations, make a legal demand to get a court order to remove the …
It Wasn't My Fault, the Snow Caused My Car Accident!
Winter storms threaten drivers with spinouts, accidents, and injuries. The consequences of a car accident can upend your life through medical bills, vehicle damage, and higher insurance rates. If you're responsible for the car accident, you could be liable for tens of thousands of dollars in car repair and medical expenses. Legal liability in most motor vehicle accidents depends on who is at fault. Either or both drivers can be the cause of a car accident. But what if that accident is partially …
Why Police Misconduct Cases Often Don’t Make it to Trial
The cases brought in the names of Philando Castile, Terence Crutcher, Tamir Rice and Freddie Gray never made it to trial. Each was brought to a halt earlier in the civil court process. This is an all-too-common occurrence, says Joshua Newville, a civil rights attorney in Minneapolis. “It can be disheartening to see a flood of cases that overwhelmingly side with police officers,” he says. “Judges, like most Americans, want to believe that the people we choose to protect us aren’t capable …
What Is a Subpoena, and Why Have I Been Served?
A subpoena is a court order requiring your witness testimony or document production as part of a judicial proceeding, and you were served by a process server because you may have relevant information. A subpoena duces tecum is a formal notice to respond to an evidence request. A subpoena ad testificandum is a legal summons for your mandatory appearance in a deposition for civil litigation or to provide criminal trial testimony. Legal penalties for ignoring a subpoena include contempt of court …
Can My Boss Fire Me for Being Pregnant?
Your boss cannot fire you for being pregnant or fail to offer reasonable accommodations and FMLA leave. Pregnancy is a protected class under Title VII and the Pregnancy Discrimination Act, and employers are liable for lost wages and back pay for employer retaliation based on a pregnancy bias. Pregnancy discrimination also prohibits disparate impact or using something else as a pretext for firing. Workers can file an HR complaint or EEOC charge with direct evidence of state employment law …
Are DNA Testing Companies Selling My Genetic Information?
New consumer-based DNA tests are sweeping the country. Inexpensive and fairly easy to use, many tests merely ask you to spit in a tube, seal it, and send it off. In return, depending on the service, they may send an ancestral make-up, others of similar DNA in the system, a health analysis and history based on genetic data, and some even go so far as to suggest a wine pairing to your ancestral palate. Privacy Concerns With DNA Testing As the trend spreads, so do concerns about privacy issues. …
How Can I Lose My Gun Rights in My State?
Gun ownership carries legal responsibility, and the law draws firm lines around who may possess a firearm. A criminal conviction, domestic violence incident, or certain court orders can shut the door on that right with lasting impact. “No one understands, or most people don't understand, what you can and can't do, what the possibilities are,” says Baltimore attorney James Astrachan. “Everyone gets so emotionally charged. You have gun nuts on both sides of the argument. One group is …
California's Law on Pets Left in Hot Cars
Unattended confinement of a pet in a hot vehicle without adequate vehicle ventilation is a misdemeanor charge in California, with owner liability and criminal penalties. The penal code's good Samaritan law also provides civil immunity for others who use reasonable force to provide legal rescue for an animal in imminent danger because of extreme heat. They are immune to property damage claims for pet safety emergency intervention after meeting notification requirements. You must first contact …
When To Use Non-Disclosures for Your Business
Use non-disclosure agreements for your business when hiring employees to protect trade secrets, proprietary data, and maintain a competitive advantage. An NDA restricts the receiving party from sharing confidential information about the disclosing party, subject to a breach of contract for violating the NDA. Unilateral NDAs are generally for employees or independent contractors, and mutual NDAs are for business negotiations and exploring partnerships while still putting legal protections into …
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