About eight years ago, Minnesota Litigator noted a securities fraud class action against Capella University and predicted that the lawsuit would fail. It did. Once again, Capella University finds itself being sued in a class action (not for securities fraud this time, just fraud). Once again, Capella University has brought a motion to dismiss and, […]

Update (October 3, 2018): The Minnesota Supreme Court accepted the petition for review of the case described below and the case has gotten some national attention. On Monday, the Minnesota Supreme Court heard oral argument. The issue on appeal is, on one level, extremely simple: if Debbie Defendant falsely accuses Peter Plaintiff of domestic abuse and Peter […]

Update (October 1, 2018): Sometimes, clients push their lawyers to take extreme positions, “scorched earth tactics,” or a “take no prisoners” strategy. Our ethics rules seem to “punt” on the question of who bears ultimate responsibility as between the lawyer and the client for over-the-top tactics. This seems appropriate. Lawyers are advocates. Lawyers are their clients’ […]

Update (September 26, 2018): Here we go again. In the linked complaint, another law firm charges Findlaw with fraud, among other causes of action, for promised web-based marketing help that fell far short of the law firm’s expectations. Minnesota Litigator has fielded off-line calls from lawyers dissatisfied with Findlaw’s services more than once (website design, […]

Update post (September 21, 2018): Notch another successful prediction for Minnesota Litigator as Prof. Kristin Naca has lost her lawsuit against Macalester College on Macalester’s motion for summary judgment, discussed (and predicted) below. We also covered the case here and here. The opinion by U.S. District Court Judge Patrick J. Schiltz (D. Minn.) granting Macalester’s motion […]

Ambassador Press, Inc. (“Ambassador”) is a Minnesota-based printing company that went to Durst Image Technology U.S., LLC (“Durst”) to buy a large format printer. As Ambassador discussed the potential purchase with Durst, Ambassador was very concerned about the potential risk of “print head” failures (and the delay and added expense that they would cause, particularly when […]

Update (September 14, 2018): The posts below recount the unfortunate trajectory for Minnesota lawyer, Todd A. Crabtree, and this week, the sentence was meted out for the perceived wrong-doings. One, in particular, caught our eye: Mr. Crabtree is found to have improperly notarized his own document. Query: in a transaction between A and B in […]

If a person allegedly misappropriates copyrighted material, the copyright holder may sue the misappropriator for copyright infringement. If the material is pornography, is the accused infringer entitled to additional protections because pornography consumption is widely viewed as private and embarrassing? Apparently, the answer is, “Yes.” According to his lawyers, Mr. Greg Lansky, an owner of […]

As connoisseurs of 1970’s British ridiculousness know very well (indeed, some by memory): THINGS END BADLY WHEN YOU SELL CHEESE THAT YOU DO NOT HAVE. Unfortunately, Minerva Dairy seems to have missed that lesson. North Central agreed four times to buy cheese from Minerva Dairy. North Central agreed to buy the cheese (at a set price, […]

The linked decision this week of the Minnesota Court of Appeals is of interest in at least two ways. First, we have posted at great length about the tendency of Minnesota courts (state and federal) to give attorneys’ fee petitions “haircuts” but we were happy to see the linked decision in which the district court […]