The Judge ruled against the motion in limine you brought before trial.  You didn’t raise that in a new trial motion.  May you challenge the ruling on appeal?  In Bhakta, the Minnesota Court of Appeals said, “no.”  The Minnesota Supreme Court disagreed.  In a new decision in the case, the Minnesota Supreme Court said, […]

July 1, 2018.  Amendments to the Minnesota Rules of Civil Procedure will take effect on that day.   Many of the proposed amendments will bring Minnesota’s civil procedure rules into conformity with the federal rules. Parts of rule 56 governing summary judgment will be amended. It is hard to compare the rule 56 provisions as they […]

    Judicial Independence Day – June 12 – marks the passage of the Act of Settlement in England in 1701.  For the first time, the King of England could not remove judges at will.  Judges could be removed only by Parliament, and served for life during “good behavior.”   This was an important step towards […]

Update:   It’s a time of transition.  The Twins season is winding down.  And the Minnesota Supreme Court is issuing the last of its decisions from the past term. Two important decisions were just released:  Gams and Cole.  These cases decide how two rules mesh – rule 5.04(a) and rule 60.02. Rule 5.04(a) was amended […]

  The latest from the Minnesota Supreme Court:  New amendments to the rules of civil appellate procedure were just adopted. As it happens, the amendments were mostly technical.  The amendments correct some inconsistencies in the rules and fine-tune them. A couple of the amendments are worth some special attention. Rule 128.03 now clarifies how parties […]

Minnesota has long followed the hip pocket rule:  a civil action is started when it is served.  A recent change to the requirements has tweaked that rule.  Now an action must also be filed within a year or it is “deemed dismissed.” What if a plaintiff misses that deadline and the action is dismissed?  Can […]

  In a recent per curiam decision, the U.S. Supreme Court stepped a bit away from Twombly and Iqbal. Twombly and Iqbal tightened pleading standards for federal court cases. Taken together, Twombly and Iqbal rejected the Conley v. Gibson standard, which said that a complaint was viable unless it appeared beyond doubt that the plaintiff […]

It’s State Fair time. That means fall is approaching. And the start of a new U.S. Supreme Court term. Last year’s term ended with some interesting commentary by professors, reporters and bloggers. Experienced Supreme Court attorney and professor Neal Katyal started the discussion.  In an op ed piece in the New York Times, he argued […]

Here are some things to know about the new Minnesota appellate rules that went into effect July 1.       No certified copy of the judgment or order you are appealing is required with the notice of appeal.  (But an uncertified copy must be included.)  You need to file a paper copy of your […]

Update (September 6, 2012):  Just in time for the new school year comes an initial ruling on the validity and boundaries of Facebook speech in public high schools. Chief Judge Michael Davis (D. Minn.) partially granted the Minnewaska School District’s motion to dismiss, but left the majority of the claims in 12-year-old R.S.’s Complaint live […]