In our view, very few people in our society, a tiny percentage, qualify as “evil,” which one might define as, “all things being equal, being predisposed, temperamentally inclined, or preferring to hurt other people rather than to help them.” Most of us genuinely believe ourselves to be “good people,” we want the world to believe […]

The petition for review of Minnesota Sands and the response on behalf of Winona County are classic examples of lawyering where each side’s arguments seem quite persuasive but they are impossible to reconcile. (The Minnesota Supreme Court recently granted the petition for review.) Minnesota Sands argues that it bought certain lease rights in Winona county […]

Maybe every few years, we should disinter our “Pleading Federal Diversity for Limited Liability Companies (LLCs)” string of posts. In these posts, which go back some years now, Minnesota lawyers get chided because they forgot (or never knew) how to plead federal jurisdiction when basing their jurisdictional claims on the diversity of citizenship of LLCs. […]

Let’s say, hypothetically, that you’ve been working on the railroad. All the livelong day. You’ve been working on the railroad, just to pass the time away. In Minnesota. First, that’s just sad. “Working on the railroad to pass the time away?” That’s hard work. You might consider something less arduous and safer if passing the […]

The goal and idea of diversity has been getting a lot of attention in our society for decades now but, unfortunately, it gets more lip service than many of us would like. Though we rarely openly admit it, many in our community do not value diversity. Indeed, they feel threatened by it, which is a […]

When you lend someone $193,000, you probably should know who the borrower is, right? When you sign something in return for a receipt of a $193,000 loan, you should probably know whether you may be personally responsible for the debt, right? Believe it or not, as obvious as these two questions are, people find themselves […]

  Update (October 22, 2018): Long-time Minnesota Litigator readers will remember our TAAFOMFT series (which stands for “These are a few of my favorite things,” a sarcastic preface to posts about things we hate). One of our favorite things (not) which we know we share with an enormous number of civil litigators, judges, and parties […]

What are lawyers to do when disgruntled ex-clients make false claims against their lawyers online for all the world to see (for all time as far as we know)? Are lawyers to bear the brunt of false accusations under an ethical obligation of silence owed to their ex-client defamers? We previously covered the pending proposal […]

Update (October 19, 2018): Minnesota Litigator seems to be on a bit of a dry spell on correct predictions and was way off as to the plaintiff’s motion to amend her complaint to add a claim for punitive damages in the case described below against Carleton College. In our defense, the Court (where there was […]

Update (October 15, 2018): Lawyers know that something as seemingly simple as measuring a six-year period of time can be an enormous challenge. Six years, starting when? The thread of posts below highlight that this issue has bedeviled Minnesota litigants and courts in the context of legal malpractice for more than 12 years now (since Antone […]