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All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

The information on our web site has been prepared by Moss & Barnett for informational purposes and is not legal advice. Moss & Barnett will not accept requests for legal advice over the Internet. You should not rely on any information contained herein in evaluating any specific legal issues you may have without seeking professional counsel.

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To the extent that any professional rules require: Moss & Barnett designates its principal offices as 4800 WELLS FARGO CENTER, 90 South Seventh Street, Minneapolis, Minnesota 55402 (USA) and the lawyer responsible for this website to be its President and Chief Executive Officer, Thomas J. Shroyer.

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To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that, unless we expressly state otherwise in this communication (including any attachments), any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein.

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Communications to anyone in the firm of information about yourself, your business or your personal affairs will not be protected under the attorney-client privilege unless and until an attorney-client relationship has been established.

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By providing any personal information to us on this website, however, you do consent to the collection, use and disclosure of that information in accordance with this Privacy Policy.

This Privacy Policy sets forth the firm's commitment with respect the handling of your personally identifiable information.

Information We Collect Automatically. If you browse through the website or download information, our servers will automatically collect certain information. This information includes the: (a) name of the domain and host from which you access the Internet; (b) browser software you use and your operating system; and (c) Internet address of the website from which you linked directly to this website. We will use information that we automatically collect to manage and improve our website to make it as useful as possible for guests like you. None of the information we automatically collect is tied to other personal information you may provide to us in accordance with this IMPORTANT NOTICE.

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Case Summaries

Family Law

[02/02] Southerland v. City of New York
In a suit under 42 USC Section 1983 asserting that a New York City children's services caseworker entered the plaintiffs' home unlawfully and effected an unconstitutional removal of children into state custody, the district court's grant of summary judgment to the defendant caseworker is: 1) affirmed with respect to the dismissal of the father's substantive due process claim; but 2) vacated with respect to the father's and his children's Fourth Amendment unlawful-search and Fourteenth Amendment procedural due process claims and the children's unlawful-seizure claim, where the district court wrongfully concluded that the caseworker was entitled to qualified immunity with respect to all of the claims against him.

[02/02] Marriage of Walker
In a family court proceeding in which the recipient of a California State Teachers' Retirement System (CalSTRS) disability allowance challenged earlier family court orders awarding a community property interest in the allowance to his former spouse, the family court's denial of the appellant's motion to set aside the earlier orders is reversed, where the family court erred as a matter of law in concluding that the recipient had made "no mistake" in agreeing that his spouse had a community property interest in his disability allowance and thus should not have denied his motion on this basis.

[02/02] Marriage of Wahl
On appeal from an order requiring an ex-wife to pay to her former husband $552,153.28 in attorney's fees and costs as a sanction because of her conduct with respect to two post-dissolution orders, the order is affirmed, where the record disclosed no abuse of discretion in the trial court's award, and additional sanctions are imposed against the appellant and her appellate attorneys on a finding that the appeal is frivolous.

[01/31] T.W. v. Superior Court (San Diego County Health and Human Servs. Agency)
In proceedings in mandate to review an order designating the specific placement of a dependent child after termination of parental rights, the petition is granted with directions, where the district court abused its discretion by denying a petition by the San Diego County Health and Human Services Agency to remove the child from the home of his prospective adoptive parent, because the district court did not give appropriate weight to the legislature's goal of securing an adoptive home for a dependent child that is free from the influences of criminal activity and substance abuse.

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