Black Robe Disease (“BRD”) is a rare illness, an orphan disease, in fact. Fewer than 32,000 Americans are exposed and vulnerable at any given time. It appears to be an occupational hazard. Approximately 100% of all reported cases have the job title of “Judge,” “Referee,” “Arbitrator,” or the like. Fortunately (but to the disappointment of a few […]

Update (July 13, 2018):  In the case described below, Dr. Angela Ross D.M.D. (a dentist), owner of Family Orthodontics (ironic under the circumstances), was sued by Nicole LaPoint for discrimination based on pregnancy. Dr. Ross offered Ms. Nicole LaPoint a job at Family Orthodontics, but when Dr. Ross found out that Ms. LaPoint was expecting a child […]

Update (July 11, 2018): Supplemental briefing (here and here). Apparently, the Court raised an interesting question at the hearing on the motion for a protective order regarding an employee’s attorney/client communications via the corporate servers: the application of Carpenter v. United States, 16-402, 2018 WL 3073916 (U.S. June 22, 2018). At first blush, Carpenter, a Fourth […]

Update (July 9, 2018): “Why say something in three pages when you can say it in 30 pages?” is one of our oft-repeated go-to jokes about the work product of many lawyers (and some judges). We heap derision on our fellow lawyers: they were vaccinated with a phonograph needle (which only old people now understand)…they own […]

The Office of Lawyers Professional Responsibility (OLPR) Board has issued its annual report this week and there seems to be no substantial change in the rate of identified unethical conduct among Minnesota lawyers, judging from the data in the report. That is, the data validate our sense that the vast majority of Minnesota lawyers are […]

Leading up to July 4, 1776, “the unanimous Declaration of the thirteen United States of America” (now better known as the Declaration of Independence) complained that the George III, then King of England, “sent hither swarms of Officers to harass our people and eat out their substance.” And, unsurprisingly,  King George III did not want […]

Update (July 2, 2018): Notch another successful prediction of Minnesota Litigator. The Minnesota Supreme Court, as we predicted below, reversed the Minnesota Court of Appeals this past week. Phew! A private party cannot hog-tie and force a trial court to issue an injunction, so-called equitable relief, and it follows that private parties cannot “stipulate and agree” […]

Look at the happy students! Imagine the infra-cranial chaos behind every single one of these kids as their still-developing brains grapple with the leap from the innocence of childhood to the fraught and complex interrelations, interactions, politics, and power of adult relationships! This week, Sr. U.S. District Court Judge Donovan W. Frank (D. Minn.) dismissed all […]

Update (July 25, 2018): No. (And so, today, Minnesota Litigator is one for two on predictions.) Original post (June 22, 2018): Richard Messina and his lawyers at Halunen Law have been wrestling with Mr. Messina’s former employer, Yosemite, since 2014. Defendant Yosemite successfully sought appeal of the denial of its motion to compel arbitration, but […]

Update (June 25, 2018): In the discussion in our original post below, we quoted a U.S. federal district court (D. Minn.), quoting a 1995 Minnesota Supreme Court decision (quoting a 1984 Minnesota Supreme Court decision) for the following proposition (at page 15): “Under Minnesota law, every contract includes an implied covenant of good faith and […]