Update (September 22, 2017): The signature style of U.S. District Court Judge Patrick J. Schiltz is the antithesis of the lawyer appearing before him as plaintiff’s counsel in Naca v. Macalester. Judge Schiltz is often short and to the point. And he was this week in chastising Plaintiff’s counsel, Mr. Peter Nickitas. Judge Schiltz rejected […]

It is a shame when a justice system behaves unjustly. In Minnesota, when a client is sued in state court and removes the case to federal court, the client is obligated to pay a “filing fee” to the state court for the simple filing of a one-page Notice of Filing of Removal in the state […]

Among civil litigators, the variety of legal practice is staggering. It is hard to believe that we think of ourselves as having the same job. In fact, we most certainly do not. Many lawyers at Messerli & Kramer do debt collection work (like Josh Hasko in the case discussed in this post), for example. These […]

Update (September 11, 2017): Mr. Hansmeier’s public defender’s efforts to dismiss the 18-count indictment against Mr. Hansmeier were unsuccessful (denial of motion, last week, linked here). Few, if any, will feel sympathy for Mr. Hansmeier who, essentially, uploaded pornography onto the internet, made it accessible for download at no cost, and then used the court […]

According to lawyers for Chippewa Valley Ethanol Company (“CVEC”), In Minnesota, for the last half century, contracting parties understood that one way to make a contract last for a reasonable time, and thereafter become terminable at will, was to make the duration of the contract ‘indefinite.’ CVEC cites an old case standing for the proposition […]

Minnesota Litigator has received reader feedback that Minnesota Litigator predictions are particularly fun reading. This is likely because lawyers are generally, typically, and frustratingly circumspect and equivocal. Socially and informally, their answers to legal questions often seem to be “good question!,” “maybe so…,” “it depends,” “hard to say,” “I’d need to know more to have […]

Every year since 1894, as we head into coming school year, the United States of America has celebrated American workers. These days, there are persistent, ubiquitous, and dire warnings that their days are numbered. It seems that our jobs are less threatened by low wage off-shore workers, so feared over the past 30-40 years, than […]

Denny Hecker, a car dealership mogul turned convicted criminal (who might be back on the streets any day now), left a lot of people owed money. Our government has several procedures for recovering money on behalf of creditors. One way is through bankruptcy. In criminal proceedings, another way is through orders for restitution. As between […]

Update August 30, 2017: We recognize the futility of our efforts but another “unpublished” Minnesota Court of Appeals decision issued this week (as they do every week in ever-growing numbers, it seems). And, again, in our view, it highlights a misuse of this “non-precedential” status and is a disservice to Minnesotan legal consumers (Minnesota lawyers […]

Update (August 28, 2017): Hypothetical: A Co. contracts to sell B Inc. lumber. A knew of B’s plan to chop this wood and sell it as firewood after the transaction. However, the contract only references price and quantity, not suitability as firewood. The lumber sold is “green” (unsuitable as firewood for 2 years) and B […]