(Original post (1/11/14), updated/revised 6/5/15 post, and again, on 11/20/17): The Minnesota Litigator blog of news and commentary on Minnesota civil litigation is now in its eighth year and we have posted more than 2,000 posts over that time. Several Minnesota judges (and a Justice, and legions of lawyers, and my mother) have all shared their […]

Update (November 17, 2017): The plaintiffs in the case described below (and Mr. Jerald Hammann, their owner) just will not give up. Hammann has pursued this case for five years and it has been a loser all the way along. The Eighth Circuit, seeing the case for the third time has thrown it out again. […]

There has to be a technical psychological expression for the phenomenon that (1) people envy the lives of other people, seeing the positive differentiators, and then (2) reassure themselves that their envy is unjustified, perhaps because of an inability to see the whole picture. Maybe this is captured in the simple concept of “rationalization.” This, […]

Today’s the day: the start of a patent infringement trial before Chief U.S. District Court Judge John R. Tunheim (D. Minn.) in Bombardier v. Arctic Cat. The case has been pending for about five years. On Friday, Judge Tunheim decided a passel of “motions in limine,” that is, evidentiary motions on the threshold of trial. […]

If you are a civil litigator and you do not know of this rule, you’re welcome: Under the Federal Rules of Civil Procedure, a motion for attorney fees “must . . . be filed no later than 14 days after the entry of judgment.” Fed. R. Civ. P. 54(d)(2)(B)(i). Noncompliance with this timing requirement is […]

                                                Update (November 8, 2017): Just posting a reminder. Original post (October 2, 2017):  Try to imagine that your passion in life, your dreams, your love, is art and artistic expression. You sacrifice […]

Esmeralda Sorchaga sued Ride Auto in connection with her purchase of a used pick-up truck (specifically, a 2008 Ford F-350) from Ride Auto. She alleged fraud by the salesman. Following a bench trial, the district court awarded Sorchaga $14,366.03 in damages and $21,949.35 in attorney fees. The Minnesota Court of Appeals affirmed. Ride Auto sought Minnesota […]

Update (November 7, 2017): The linked document clarifies that defendants in the Select Comfort bed battle were not entirely victorious but, still, they basically won. We note that the judgment is the 599th docket entry in the case. We do not know the legal fees and costs spent by Select Comfort but 10x the recovery […]

The focus in recent years on eradicating bullying and bigotry, particularly in our schools and among our children, is among the many welcome gales of change that we are going through now. Very few people (i.e., Nazis, “Alt-Right” activists, white supremacists) object to a zero-tolerance policy of such hateful, divisive, and corrosive behavior. In a twist, […]

Update (November 3, 2017): A man sits at a rented picnic table, rented by a restaurant for Ma & Pa Kettle days in Kettle River, Minnesota. The rented picnic table collapses. Patron (Mr. DeWitt) suffers serious injury. As stated in the original post (below), the Court of Appeals in Mr. Dewitt’s case, surveying “chair collapse […]