The result is no surprise to anyone. At its essence, Coleman’s argument was, “Because some absentee votes were improperly counted (accidentally), all improperly completed ballots should be counted (on purpose)….”

A seller included language in a contract to the effect that, “ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS CONTRACT MAY BE SETTLED IN BINDING ARBITRATION…” Then later “sales confirmations” from a broker include a boiler-plate provision that, “Any controversy or claim arising out of this contract shall be settled by arbitration by the Association […]

Plaintiff artist made paintings, “Infamous Golf Holes,” which he submitted to GM’s Cadillac division for possible use in advertising about ten years ago. Cadillac took a pass but then, plaintiff believes, misappropriated his images or ideas in Cadillac advertising. (Aside: plaintiff appears to have made more than $3 million with his golf paintings over the […]

Today the U.S. Supreme Court, in a 5-4 decision (but not the standard break-down between “conservatives” and “liberals”), held that the accused in criminal cases is entitled to confront witnesses under the Sixth Amendment of the U.S. Constitution such that a certificate of state laboratory analysts as to drug weight or composition was not sufficient […]

Plaintiff Newinksi worked for Northern States Power (NSP) during which time he worked with Defendant Crane’s abestos-containing products, which, he alleged, caused his mesothelioma. Newinski also dealt with asbestos-containing products from other manufacturers, but less so. The case involved three defendants and four other potential suppliers of harmful asbestos-containing products that may have contributed to […]

Gabby’s Saloon & Eatery, Marshall St. NE, on the Mississippi triumphed in a three-year legal battle with the city over penalties and regulations arising out of neighborhood complaints that allegedly threatened the business’ livelihood. Gabby’s, represented by Scott Harris of Leonard Street & Deinard and owned by Jeff Ormand, argued that neighbor complaints about after-hours […]

Medical information was obtained regarding sexually transmitted diseases and an apparent adulterous affair, which “news” was posted on a MySpace page. The posting was brief and the number of people who saw the private information gleaned from hospital medical records presumably small. For that and other reasons, the trial court granted defendants’ motion for summary […]

Jammie Thomas-Rasset, the defendant in the copyright infringement case brought against her by the record labels, socked with $1.9 million verdict in $80,000 increments for different songs/different record labels. Most ironic: Reba McEntire’s, “One Honest Heart”? Gloria Estefan, “Rhythm is Going to Get You”? “Don’t Stop Believin’,” by Journey? Sheryl Crow, “Run, Baby, Run”? Thomas-Rasset […]

The Thomas-Rasset trial, discussed below, appears headed to the jury. Below are the jury instructions. Jury Instructions in Thomas-Rasset Copyright Case

A lawyer defending a deposition is well-advised to get it squared away, in advance, as to whether the deponent is a client. It bodes ill for an attorney-client privilege claim when the “client” has denied under oath that she is represented by the attorney. Under such circumstances, it should come as no great surprise that […]