Posts tagged Nathan Hansen

Minnesota Court of Appeals rules against MacDonald

In a ruling that is being described as a win for “press freedoms,” the Minnesota Court of Appeals affirmed the dismissal of a lawsuit filed by Michelle MacDonald against Michael Brodkorb and Missing in Minnesota.

In March 2019, Ramsey County Judge Richard H. Kyle, Jr. granted the Motion for Summary Judgment filed by Brodkorb and Missing in Minnesota in October. Judge Kyle ruled MacDonald was a public figure and that the statements made by Brodkorb and Missing in Minnesota “were either true or lack the requisite showing of actual malice…”

In a published opinion released this morning, the Minnesota Court of Appeals agreed with the decision by Judge Kyle to dismiss MacDonald’s lawsuit last year.

The Minnesota Court of Appeal ruled “MacDonald failed to provide evidence creating any genuine dispute of material fact” and MacDonald “was a public figure at the relevant times” during the lawsuit. Further, the Minnesota Court of Appeals ruled that “[s]tatements suggesting unethical, improper, or illegal behavior by a candidate for judicial office relate to the contest and qualifications for the office.”

MacDonald has 30 days to petition the Minnesota Supreme Court to review the opinion released today by the Minnesota Court of Appeals. Continue reading

Appeals court hears oral arguments on Thursday on MacDonald’s lawsuit

The Minnesota Court of Appeals will hear oral arguments on Thursday about Michelle MacDonald’s appeal of the dismissal of her lawsuit against Michael Brodkorb and Missing in Minnesota. Arguments will be heard at 10:05 AM in Courtroom 200 of the Minnesota Judicial Center.

In March, Ramsey County Judge Richard H. Kyle, Jr. granted the Motion for Summary Judgment filed by Brodkorb and Missing in Minnesota in October. Judge Kyle ruled MacDonald was a public figure and that the statements made by Brodkorb and Missing in Minnesota “were either true or lack the requisite showing of actual malice…”

MacDonald was an unsuccessful candidate for the Minnesota Supreme Court in 2018, having previously lost two bids for the Minnesota Supreme Court in 2014 and 2016. MacDonald announced in July through an unrelated lawsuit that she “plans to run for office in 2020 and in the future.”

Click here to read the court filings related to MacDonald’s lawsuit.  Continue reading

Another restraining order granted against Kimberley and Jay Bukstein

A judge in Washington County granted a Harassment Restraining Order (HRO) against two supporters of Dede Evavold, Sandra Grazzini-Rucki, and Michelle MacDonald for harassing an attorney for Michael Brodkorb and Missing in Minnesota.

Nathan Hansen filed for HRO against Kimberley Bukstein and her husband, Jay Bukstein, who reside together in St. Paul, Minnesota. Hansen has served as Brodkorb’s attorney regarding numerous HROs, including two filed against Kimberley and Jay Bukstein.

Kimberley Bukstein is a self-described “civil-rights advocate” who was fined $10,000 for the unauthorized practice of law in Ohio in 2013. Both Kimberley and Jay Bukstein are also “qualified” Rule 114 ADR Neutrals for the Minnesota State Court Administrator’s Office. The Buksteins are referenced in the award-winning true crime book,  The Girls Are Gone, which was written by Brodkorb and Allison Mann. Continue reading

Evavold belligerent and unruly in court hearing on HRO

A judge in Dakota County upheld the Harassment Restraining Order (HRO) granted against Dede Evavold by Michael Brodkorb and Sarah Brodkorb for Evavold’s involvement in distributing a photograph of Michael Brodkorb’s wife and minor children.

After a lengthy court hearing during which Evavold was continually unruly, Judge M. Michael Baxter ruled that the HRO will temporarily remain in place and he would issue an order finalizing the HRO against Evavold in the next few weeks.

The photograph of Ms. Brodkorb with her minor children was distributed multiple times with false allegations on a social media account connected to Sandra Grazzini-Rucki and her supporters. The same social media account had been investigated by law enforcement for publishing threatening, harassing, and defamatory statements targeting judges, law enforcement, court staff, and journalists.

The HROs were filed by Michael Brodkorb and Sarah Brodkorb in August in Dakota County against Diane Ristau of Medford, Carrie Beaudette of St. Joseph, and Dede Evavold of St. Cloud.

Last month, a judge upheld the HRO filed against Ristau after she requested a hearing to contest the HRO. Judge Baxter said Ristau was involved in a “conspiracy to commit harassment” when she took a picture of Ms. Brodkorb and her minor children while shopping and later distributed the picture to people connected to Sandra Grazzini-Rucki and Dede Evavold. Continue reading

Judge: Ristau involved in a ‘conspiracy to commit harassment’

A judge in Dakota County upheld the Harassment Restraining Order (HRO) granted against Diane Ristau by Michael Brodkorb and Sarah Brodkorb for Ristau’s involvement in surreptitiously obtaining and later distributing a photograph of Michael Brodkorb’s wife and minor children.

At the end of the three-hour court hearing at the Dakota County Western Service Center in Apple Valley, Minnesota, Judge M. Michael Baxter said Ristau was involved in a “conspiracy to commit harassment” when she took a picture of Ms. Brodkorb and her minor children while shopping and later distributed the picture to people connected to Sandra Grazzini-Rucki and Dede Evavold.

The photograph of Ms. Brodkorb with her minor children was distributed multiple times with false allegations on a social media account connected to Sandra Grazzini-Rucki and her supporters. The same social media account had been investigated by law enforcement for publishing threatening, harassing, and defamatory statements targeting judges, law enforcement, court staff, and journalists.

The HRO against Ristau remains in effect until September 25, 2020. Continue reading

UPDATE: Court hearing scheduled for sanctions against Michelle MacDonald

UPDATE (1:30 PM, Friday, September 7, 2018) – Monday’s court hearing in Ramsey County about Michelle MacDonald’s lawsuit has been canceled. A new court date has not been scheduled, but it will likely be in October or November. Continue reading

Minnesota Lawyer: Michelle MacDonald’s lawsuit ‘may lack factual basis’

The lawsuit filed by Michelle MacDonald against Michael Brodkorb and Missing in Minnesota “may lack factual basis” according to an article published by Minnesota Lawyer.

Two of three key claims in lawyer Michelle MacDonald’s defamation lawsuit against Michael Brodkorb and his muckraking website appear unfounded, Minnesota Lawyer has learned.

Meanwhile Brodkorb, who accuses MacDonald of trying to squelch his First Amendment rights as a journalist, asserts that a third allegation in her suit also is factually inaccurate. Minnesota Lawyer could not independently verify that.

The article by Minnesota Lawyer exposes fundamental weaknesses in MacDonald’s lawsuit, which has been described as “frivolous and vexatious” by Nathan Hansen, the attorney for Brodkorb and Missing in Minnesota. Continue reading

Dakota County judge dismisses lawsuit filed by Michelle MacDonald

A judge in Dakota County on Tuesday dismissed the “frivolous and vexatious” lawsuit filed by Michelle MacDonald against Michael Brodkorb and Missing in Minnesota. The court did not rule on a request for sanctions against MacDonald based on her conduct since the filing of the lawsuit.

MacDonald also filed her lawsuit in Ramsey County and a hearing is scheduled for next month regarding sanctions against MacDonald.

MacDonald’s lawsuit filed in Ramsey County against Michael Brodkorb and Missing in Minnesota remains active.

Last week, we published a story about the hearing held in Dakota County about MacDonald’s lawsuit.

Continue reading

Court hearing held on sanctions against Michelle MacDonald

Judge Karen Asphaug heard arguments in a Dakota County courtroom today regarding the Rule 11 Motion for Sanctions filed against Michelle MacDonald in response to her lawsuit against Michael Brodkorb and Missing in Minnesota.

Judge Asphaug said she would be making a decision before our hearing on September 10 in Ramsey County regarding sanctions against MacDonald.

MacDonald’s attorney, Karlowba R. Adams Powell, made numerous false statements in court today and seemed unfamiliar with the messy procedural history created by MacDonald’s lawsuit. Adams Powell falsely claimed our attorney, Nathan Hansen filed duplicative pleadings in Dakota and Ramsey County. She also claimed Hansen was “harassing” MacDonald and accused him of “unprofessional conduct.”

Hansen corrected Adams Powell on her inaccurate statements in court. Continue reading

UPDATE: Court hearing scheduled for sanctions against Michelle MacDonald

UPDATE (1:00 PM, Wednesday, August 15, 2018) – Larry Frost is no longer serving as Michelle MacDonald’s supervising attorney involving her lawsuit. Tomorrow’s hearing will focus on sanctions against Michelle MacDonald. This post has been updated to reflect this change. Continue reading

Motion for sanctions served on MacDonald’s new attorney

Karlowba R. Adams Powell, Michelle MacDonald’s new attorney, was served with a Rule 11 Motion for Sanctions today for filing MacDonald’s lawsuit against Michael Brodkorb and Missing in Minnesota a third time.

Nathan M. Hansen (above left), served Powell with a Rule 11 Motion for Sanctions this afternoon in response to Powell filing the same lawsuit yesterday that was previously filed by MacDonald in both Dakota and Ramsey counties.

Powell has been given 21 days to withdraw the lawsuit “with prejudice” or the Rule 11 Motion for Sanctions will be filed with the court.

Hansen wrote in the memorandum that he served on Powell, that “…Powell has knowingly filed the exact same Complaint in Ramsey County that she is well aware is also pending in Dakota County, it is for this reason she should face sanction under Minn. R. Civ. P. 11.”

Two court hearings – one in Dakota County and another in Ramsey County – have been scheduled about the previous Rule 11 Motion for Sanctions that have been filed against MacDonald. Continue reading

Facing sanctions and lawyers board investigation, MacDonald hires new attorney

Facing sanctions and an investigation by the Office of Lawyers Professional Responsibility, Michelle MacDonald has retained a new attorney.

A Certificate of Representation for Karlowba R. Adams Powell (pictured above left via Twitter profile) to represent Michelle MacDonald was filed last Friday in Ramsey County.

According to public records, Ms. Powell law license was suspended last year for 45 days. As with MacDonald, Ms. Powell is currently on probation for 2 years.

It is unclear at this time what role Ms. Powell will have in MacDonald’s legal defense.  Continue reading

Michelle MacDonald being investigated by lawyers board

Michelle MacDonald is being investigated by the Office of Lawyers Professional Responsibility for alleged violations of the Minnesota Rules of Professional Conduct governing licensed attorneys.

The investigation into the alleged violations by MacDonald was opened after Missing in Minnesota filed a formal complaint with the Office of Lawyers Professional Responsibility last week after MacDonald filed a “frivolous and vexatious” lawsuit against Missing in Minnesota, which appears to be in violation of an Order of the Minnesota Supreme Court which details the conditions by which MacDonald is allowed to practice law.

The Office of Lawyers Professional Responsibility confirmed today in a letter that an investigation had been started based on the complaint filed by Missing in Minnesota which alleges numerous violations by MacDonald.

The filing of the complaint is permitted by the Office of Lawyers Professional Responsibility, as Missing in Minnesota is a defendant in a lawsuit filed by MacDonald. Continue reading

UPDATE – Attorney: MacDonald’s lawsuit is ‘frivolous and vexatious’

UPDATE (8:15 AM, Tuesday, June 26, 2018) – Michelle MacDonald and her supervising attorney, Larry Frost, were served a Rule 11 Motion for Sanctions in Ramsey County for filing the same “frivolous and vexatious” lawsuit in two counties. Last week, Michelle MacDonald and her supervising attorney, Larry Frost, were served with a Rule 11 Motion for Sanctions in Dakota County. Continue reading