Regular and long-time readers of Minnesota Litigator will remember our TAAFOMFT series (“These are a few of my favorite things….”) in which we engage in the fine art of whining via irony. We complain about aspects of the practice of civil litigation that we like the least. (We view it as a good sign that we […]

Update (December 11, 2018): Speaking of the disappointment of winning one’s “costs” after a win in course, in a wholly separate case from the one described in yesterday’s post (below), Allnurses, the victororious defendant (at least pending appeal) sought “costs” of about $135,000 and was awarded only $1,092.45. Here’s why: [click link]. And how much do […]

Before commenting on the lessons learned from 12 years as a volunteer investigator for the Fourth District Ethics Committee on behalf of Minnesota’s Office of Lawyers Professional Responsibility, we start by urging all Minnesota lawyers (and even non-lawyers) to consider volunteering. It is not a huge commitment of time. It is, in our view, an […]

B. Riley FBR Inc. (“Riley”) v. Chippewa Capital Partners LLC (“Chippewa”), et al., is a lawsuit now pending before U.S. District Court Judge Nancy E. Brasel (D. Minn.). A recent decision in the case gives us a nice snapshot of our convoluted legal system. The case appears to be simple. Riley performed a bunch of […]

Update #8 (November 30, 2018): We have covered Unitherm v. Hormel, the so-called Bacon Battle, for some years now (see the string, below) but we only recently learned that we might more appropriately call it Pig War II, or PW II, because history already has had a Pig War. (However, we’re partial to variant names […]

Blake School facilitated a student athletic trip and a Blake student and 16 year-old recently licensed driver lost control of his car, crossed the centerline, crashed into JeanAnn and Gary Fenrich, killing Mr. Fenrich and badly injuring Ms. Fenrich. Was the accident “foreseeable” to the school? Was “the specific danger…objectively reasonable to expect, not simply […]

Updated post (November 14, 2018): The post below discusses whether a witness can change the substance of deposition testimony in a later-completed “errata sheet” (written corrections to prior oral testimony). We took the position that this is and should be permissible under normal circumstances (the right can obviously be abused), recognizing that there are some […]

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 […]

University of Minnesota law professor, Edward S. Adams, finds himself the subject of a federal criminal indictment. He is alleged to have duped investors and unlawfully enriched himself. The superseding indictment portrays a classic investment fraud scheme where investments were solicited for a business (“laboratory-grown diamonds”) but the investment dollars were allegedly pocketed and spent […]

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 […]