As anyone who likes to think about words and the English language will agree, “sanction” is an odd word. It can mean its opposite as in “The N.F.L. sanctioned the Make-a-Wish Foundation event” vs. “The judge sanctioned the N.F.L. lawyers.” One sentence uses “sanction” to mean “officially permit” or “approve.” The other means a “penalize,” […]

Scott Richardson, a third-generation Austin, Minnesota lawyer, is turning 70 years old this year and he’s retiring from the practice of law. He wrote about the experience in the April issue of Bench and Bar, the Minnesota State Bar Association magazine and gave his fellow solo/small firm lawyers valuable and practical information, difficult if not impossible […]

It must have been a pretty challenging 2017 Tax Day for Mr. Lapidus, an accountant. Tax Day and the days leading up to it are a bear for all accountants. But, along with the crunch of filings, Mr. Lapidus was also socked with multi-million dollar liability on 4/14, in a lawsuit brought against him by […]

Last week, we covered J.K. v. New Horizon, a Minnesota Court of Appeals decision that made passing reference to the trial court’s grant of a new trial based on trial misconduct by the plaintiff’s lawyers in the previous trial in which the plaintiff had won a $13.5 million jury verdict. (The lawsuit was retried and […]

Update (April 17, 2017): The original post, below, covered a decision in which a plaintiff overreached and paid dearly. This might have happened more recently in Staffing Specifix v. TempWorks Management Services, Inc. d/b/a TMS Staffing. Plaintiff won a jury verdict of $481,000+ along with costs and (presumably) interest. Rather than stopping there, Plaintiff appealed decisions […]

Update (April 14, 2017): In our post below, we threw our full-throated support in favor of the abolition of so-called “unpublished” Minnesota appellate opinions. Our main point is that the designation “unpublished” is a misnomer and does a disservice to Minnesota lawyers and their clients, relegating some percentage of state court appellate decisions (a sharply […]

Update (April 12, 2017): Below is a string of posts stretching over the past four years in which Minnesota Litigator emphasizes that “valuation is an inexact science” but that does not mean that valuations or appraisals are entirely manipulable and worthless. Sometimes, though, we wonder. Last week, the Minnesota Supreme Court issued an opinion on an appeal […]

Update (April 10, 2017): In the original post below, we pondered the idea of computers replacing civil litigators, suggesting it might be at least a decade or two away. To be more precise, the complete replacement of civil litigators by computers is at least a decade or two away. As for the partial replacement, you are out of […]

Update (April 7, 2017): “Discrimination” has become a pejorative term even though it is not necessarily pejorative. Few would object to discrimination that is, “distinguishing between” or “differentiating”, a Granny Smith and a Honeycrisp apple. Someone who has “discriminating taste” in tea (or wine or music or whatever) certainly is not considered “guilty” of discrimination. […]

It seems that being branded an “intellectual” is widely regarded as an insult in the United States. U.S. Politicians fear being labeled “egg-heads.” We seem to revere the doers and sneer at the thinkers (as if one can succeed without the other). There seems to be a deep conviction among many Americans that “intellectuals” (1) […]