Update (February 18, 2019): We will be interested in the response to Carleton College’s motion for summary judgment in the case brought against the college by a former Carleton student, Ms. Elizabeth Shank. In the posts below, we discuss Ms. Shank’s claims that arise from two different alleged sexual assaults she allegedly experienced at Carleton […]

The pathetic thing about this week’s ruling that Plaintiff Wing does not have to pay Defendant Tricam’s claimed expert witness fees is that the two sides had been negotiating their disagreement as to responsibility for the fees and they were just $500 apart. Tricam could have accepted $500 less than it demanded from Wing. Instead, Tricam […]

Some years ago, we told the war story of a jury trial on the meaning of “operates via buoyancy,” where the two sides battled for a few weeks to persuade the jury over their respective views on the meaning of the word, “buoyancy.” After all that, it became apparent from a note sent out by […]

An emergency is “an unforeseen combination of circumstances or the resulting state that calls for immediate action,” otherwise defined as “an urgent need for assistance or relief.” What is not an emergency? 99.999% of what U.S. civil litigators do for a living. So we would suggest that Minnesota civil litigators be sparing with cries of […]

Updated post (February 8, 2019): One fertile patch for malpractice claims are financial transactions and a lawyer’s undisclosed conflicts of interest or breaches of fiduciary duties (the duty of loyalty, candor, confidentiality). These are common pinch-points because transactional lawyers are, in an important sense, in between parties as much as they are on one side or […]

For those of our readers who are unfamiliar with texting/Twitter acronyms/abbreviations, TIL = “Today I learned [about]….” We recently encountered this objection to an interrogatory that we had not seen before: [I]t is an impermissible “blockbuster” interrogatory which seeks to elicit every fact related to the action in one interrogatory. See Hilt v. SFC, Inc., […]

Update (January 30, 2019): The “It Gets Better Project” came onto the scene in 2010 and it is an inspiring movement to reach out to LGBTQ+ adolescents who face such challenges in a society (and in much of the world) where they are treated with irrational fear and hatred. It has nothing to do with […]

Update (January 30, 2019): In the dispute about “susceptor food packaging” or “SFP,” described below, Plaintiff Inline Packaging (“Inline”) appears to have gotten a butt-kicking (pending appeal) (link is to the U.S. District Court’s grant of the summary judgment motion of Defendant Graphic Packaging International “Graphic”). Now Graphic seeks $304,930.89 in costs, the vast bulk of […]

From the proposed Findings of Fact and Conclusions of Law (“FOFCOL”) of St. Cloud State University (SCSU) after a trial before Chief Judge John R. Tunheim of the U.S. District Court (D. Minn.), we  learn that SCSU appears to be a struggling educational institution. As a result of the decline in enrollment and accompanying revenues, […]

So held the Minnesota Supreme Court this week. And we think that most people would agree that “going to a bar” is not synonymous with “getting into a fist-fight.” Bars ≠ fighting arenas. On the other hand, we all know what a “bar fight” is. In other words, although bars ≠ fighting arenas, fights in bars are […]