From the proposed Findings of Fact and Conclusions of Law (“FOFCOL”) of St. Cloud State University (SCSU) after a trial before Chief Judge John R. Tunheim of the U.S. District Court (D. Minn.), we  learn that SCSU appears to be a struggling educational institution. As a result of the decline in enrollment and accompanying revenues, […]

So held the Minnesota Supreme Court this week. And we think that most people would agree that “going to a bar” is not synonymous with “getting into a fist-fight.” Bars ≠ fighting arenas. On the other hand, we all know what a “bar fight” is. In other words, although bars ≠ fighting arenas, fights in bars are […]

The recent denial of summary judgment sought by United Parcel Service (UPS) in a case brought on behalf of Mr. Jeffrey Pagenkopf is interesting on many levels. In no particular order, we first note that the Court’s memorandum sets out the means by which UPS selects drivers and trains them. The process is intensive and […]

“We have flown the air like birds and swum the sea like fishes, but have yet to learn the simple act of walking the earth like brothers.”  Martin Luther King, Jr.

Normally, it is large institutions (banks, retailers, manufacturers, etc.) who seek to hold “little people” (customers, individual consumers, small businesses) to contracts. From time to time, however, the tables are turned as they are in Bixby et al. v. Lifespace Communities, Inc., d/b/a Friendship Village of Bloomington (“Lifespace”), pending in U.S. District Court before Chief Judge […]

To our knowledge, there is no person more knowledgeable about the health and well-being of the market for legal services in Minnesota than Mr. Brian McMahon, Managing Director of the Minneapolis office of Major, Lindsey & Africa (“MLA”). MLA might be the most preeminent legal recruiting company worldwide. Mr. McMahon circulated a report this week from Hildebrandt […]

An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others from being injured. Examples are: transportation and storage of explosives, radioactive materials, or […]

This week, the Minnesota Chapter of the Federal Bar Association enjoyed U.S. District Court Chief Judge John R. Tunheim’s yearly update on the state of the United States District Court for the district of Minnesota. For Minnesota Litigator, the lasting message was about the stress and  the hardship of the partial shutdown of the federal […]

Just teasing. Minnesota Litigator has been known, from time to time, for its typographical lapses, of course. We’ll go a step further: if your law firm enjoys a superbly low typo rate, we would submit that your clients are paying too much. Though it is true that typos are unfortunate and, particularly to perfectionists, they […]

“Somewhere over the rainbow, bluebirds fly, birds fly over the rainbow, why, then, oh why can’t I?” You cannot fly over the rainbow for the same reason that bluebirds cannot read, I guess you might say. You don’t have wings and bluebirds’ brains are about the size of a pencil eraser. I think you should […]