Minnesota Litigator

News & Commentary

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NFL Football Stars (Brady, Brees, Manning, etc.) v. NFL: The Complaint

The football stars, represented locally by Barb Berens of Berens & Miller, go up against the NFL, represented locally by Aaron Van Oort at Faegre & Benson (former clerk for U.S. Supreme Court Justice Antonin Scalia). The case was originally assigned to U.S. District Court Judge Richard H. Kyle, Sr. (D. Minn.).  He recused himself […]

A Valuable (Free) Resource For Minnesota Lawyers: Minnesota Legal Ethics, A Treatise

Minnesota Litigator can say without fear of contradiction or controversy that anyone who has worked over the years with Bill Wernz has been fortunate to have had that pleasure and privilege. Now all Minnesota lawyers (and any one else) can benefit from Bill’s life work: legal ethics in Minnesota.

(Lewis Carroll + Nikolai Gogol + Franz Kafka/M.C. Escher) x Salvador Dali(cubed)/Dickens

From time to time, our legal system produces dull business cases whose only allure is that they seem convoluted to the point of being almost comic.

Taboo at Fridley’s Fantasy Gifts

When one imagines inappropriate conduct among sex shop employees and their supervisor, racism might not be the conduct that comes to mind.  But just because one might think sex shops might be fertile breeding grounds for other kinds of lawsuit-triggering conduct does not mean that other unlawful and discriminatory conduct does go on there, of […]

The Upside of Judicial Activism, Case Study #2

This past Friday, Minnesota Litigator had the pleasure of watching two gifted civil litigators go toe-to-toe before U.S. District Court Judge Patrick J. Schiltz (D. Minn.) in a constitutional challenge to the procedures set out in Minnesota’s garnishment statute, focussing specifically on the question of the rights of a non-debtor joint bank account holder to […]

Judicial Activism At Its Best?

“Judicial Activism” has negative connotations and is normally counter-balanced with an idea of “judicial restraint,” which is thought to be a good thing. But, stripping the notion of “activism” from the ideological battlefield between the left and right wings, a court’s active engagement in its work — the often very hard work of problem-solving and […]

Map of Minnesota with "Visits" to Minnesota Litigator

Thank You To Readers of and Contributors to Minnesota Litigator

Minnesota Litigator attracts readers from all over the world, many from all over the United States, but by far the most from the great state of Minnesota. Thanks for your visits, thanks even more for the intrepid readers who have graced the site with comments and the shy readers who supply tips about interesting cases […]

The Rise of the Virtual Lawyer

“Wired GC” (that’s “General Counsel”), John Wallbillich, notes an increasing trend in the United States market for legal services (and the reasons for it).

A Win for Ceridian: Hacker’s Breach/No Harm-No Foul

While not exactly a note on Minnesota civil litigation, this is a note of a recent win for a Minnesota company represented by a Minnesota firm in federal court in New Jersey. The decision is also of interest because the factual and legal issues involved — computer data breaches and no known “injury” other than […]

In suit for dog-bite, what constitutes provocation?

Update:  The Minnesota Supreme Court hears argument on this case (see below) today. Original post (August 20, 2010):  If you taunt a dog and get bitten, it should not surprise you that Minnesota law will not permit a recovery under its “dog bite statute.”   If you’re walking by a dog, “minding your own business,” […]