A Minnesota company (we’ll call it MinnCo) sued an Ohio company (we’ll call it OhioCo-1) in Minnesota on a $1.7 million claim. A separate Ohio company (OhioCo-2) sued MinnCo in Ohio on a $33,000 claim. MinnCo runs out of money. Lawyers take the Minnesota case against OhioCo-1 on a contingent fee basis. OhioCo-2 obtains a […]

There has been an explosion of defamation claims since, thanks to the internet and social media, every one of us has become a worldwide publisher. Defamation has been a frequent topic on Minnesota Litigator In addition to the world-wide warp, we seem to live in a polarized cultural moment where we disagree about basic values and […]

Update (February 14, 2018): In the posts below, we consider the case of Anibal Sanchez vs. Dahlke Trailer Sales. The case embodies violent collision of current U.S. immigration policy. Federal law prohibits the hiring of illegal immigrants. Employers routinely knowingly ignore the law. But when a worker/illegal immigrant invokes employment rights under state law, employers […]

Pacific Union v. Dingman is a generic example of “brain raid” litigation that we have covered several times. What makes this case different is the alleged breadth of the exodus. This was not a small number of employees. It appears to have been an entire region of Pacific Union’s mortgage lending business de-camping and pitching their […]

Update (February 10, 2018): In the face of Edina High School’s motion to dismiss, it looks as if the Edina High School Young Conservatives Club, having made its publicity splash with their lawsuit, will now quietly slink away in a quick settlement. Original post (January 26, 2018): Following up on Monday’s post, we got Edina High […]

Update (February 9, 2018): We have covered Naca v. Macalester at some length and the conduct of Plaintiff’s attorney, Mr. Peter Nickitas. The way this case has been prosecuted might yield many useful practice pointers in how NOT to practice law in U.S. District Court. The Court [(U.S. District Court Judge Patrick J. Schiltz, D. Minn.)]…finds […]

Update (February 9, 2018): If you are late to the game, you (and all of us) must confront the painful truth: the “world-wide web” is a world-wide fetid cesspool of information, misinformation, distortion, and propaganda. Lawyers and all people are vulnerable to unjustified and unfair personal attacks. The cost of disseminating defamation has never been […]

Update (February 8, 2018): As discussed below and in other posts, the statute of limitations for legal malpractice cases in Minnesota is six years but “when the clock starts” — the starting time is for the six-year statute — is often complicated. On one extreme, some states have the so-called “occurrence” rule (when the negligent […]

Some citizens of Victoria, Minnesota did not like their local elected officials (that is, the mayor and certain council members) and they wanted the elected officials thrown out of office. These citizens brought several actions against these public officials for violations of Minnesota’s Open Meeting Law (“OML”), Minn. Stat. §§ 13D.01–.07. The statute provides that one […]

Update (February 7, 2018): When two parties stipulate and agree that breach of a contract will result in irreparable harm, can a court go against that stipulation and find, as a matter of fact, that one party’s breach caused no irreparable harm to the other party? That’s the issue in the case described below, argued yesterday […]