March 25, 2016 (update): So spoke the Minnesota Supreme Court this week: “A domain name is intangible personal property subject to garnishment.” May 8, 2015 (Original post by Minnesota IP-focused lawyer, Paul Godfread): The Minnesota Supreme Court recently agreed to hear an appeal dealing with whether domain names and websites are “property” under a Minnesota garnishment statute, […]
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 […]
Jim Behrenbrinker (previously profiled here) barely survived a motion for summary judgment in an icy slip’n’fall case on appeal in a split decision of a panel of the Minnesota Court of Appeals. (I am guessing Behrenbrinker’s of Dutch origin and the Dutch have a long history of ice appreciation.) After the jump you will find an earlier Minnesota […]
Recently the Minnesota Court of Appeals unanimously, and correctly it would seem, reversed a decision by a very able Hennepin County judge to dismiss a FELA case in Gallagher v. BNSF. ((FELA stands for Federal Employer’s Liability Act, which is a century old federal law creating fault based liability for railroads when their employees are […]
As the youngest contributor to this blog, who graduated from college not so long ago, I think it’s safe to assume that, among my fellow Minnesota Litigator colleagues, I’m the most recent attendee of a fraternity party (hopefully). For the unfamiliar, these parties follow a standard formula: a fraternity house, cheap and abundant liquor (see […]
It seems like the buzzer in the U of M/Tubby Smith/Jimmy Williams case has finally sounded. As reported by the Star Tribune, the Minnesota Supreme Court has reversed Williams’ $1 million jury award against the University of Minnesota and men’s basketball coach Orlando Henry “Tubby” Smith for negligent misrepresentation. Justice Christopher Dietzen, writing for majority […]
In one of my first Civil Procedure classes as a 1L at William Mitchell, I learned about the ever-present, and ever-important, legal requirement of personal jurisdiction. After plodding through the cases that most lawyers immediately forgot after law school (Pennoyer v. Neff, anyone?), my class came to the gold standards in the personal jurisdiction world: […]
Minnesota litigators are well aware of the substantial difference between taking third-party discovery out of state for a federal case pending in Minnesota as compared to a Minnesota state court action. Federal subpoenas are standardized and relatively straight-forward. The process for out-of-state discovery for use in Minnesota state court actions is significantly more varied and […]
Over the past year, Minnesota Litigator readers have been barraged with news of appellate decisions from the Minnesota Court of Appeals in which plaintiffs lose professional malpractice claims for failure to meet the requirements for affidavits of expert review (see here and here, for example).
Readers of this blog and those in the Minnesota medical malpractice bar are well aware of Minnesota’s statutory requirements for medical malpractice claims. Today, the Minnesota Court of Appeals issued an opinion (by Judge Louise Dovre Bjorkman, appointed by Gov. Pawlenty to the Court of Appeals in June, 2008, and joined by Judge Jill Flaskamp […]