Update (May 21, 2015): Almost a year ago to the day, I predicted that Graffiti Entertainment v. Navarre was going to be a long hard slog (see below) and it may very well be. It is clearly on-going but how much longer can this warfare go on? Desertion seems to be a problem in Plaintiff’s army. In one of the stranger sanctions memos I have seen in some time, Defendant Navarre notes that Plaintiff cannot seem to hire a lawyer to prosecute its lawsuit. Plaintiff appears to have identified a convicted felon in Illinois as its lawyer except that the convicted felon is not a member of the Minnesota bar, is not admitted to the United States District Court, and he denies that he intends to appear in the lawsuit. “Defendants now respectfully move this Court to stop this nonsense.”
Original post (May 23, 2014): Too often, particularly early in litigation, lawyers paint their clients a rosy picture of shock and awe swift resolution. I have found in my nearly twenty years of practice of civil litigation in Minnesota that I have been quite good at predicting how most cases resolve (dismissal, summary judgment, settlement, trial) and, roughly, for how much money (with an exception here or there, obviously). But I have been far less successful in predicting lawsuits’ durations.
Generally, most cases that I have followed have gone on far longer than necessary. Some cases, however, give every indication from the get-go that they will be grueling and protracted battles. I get that sense from the fairly recently filed lawsuit of Graffiti Entertainment, Inc. v. Navarre Distributions Services, Inc. and Speed Commerce, Inc.