Minnesota civil litigators, their clients, and the public have been the beneficiaries of electronic case filing (“ECF”) in federal court for several years now. ECF has likely been a significant savings for firms and clients, has been useful for the news media, and has also been profitable for the court system (somewhat controversially). (Who loses […]
Minnesota Litigator has covered this issue before. Now, U.S. District Court Judge Patrick J. Schiltz weighs in (strongly against a reciprocal application of the Iqbal/Twombly pleading standard for affirmative defenses).
The Chicago Mercantile Exchange (“CME”) Cheese Spot Call is a thinly traded market, which during the relevant time period opened for only fifteen minutes a day and comprised only 2% of the sales of cheese in the United States. Yet, the price at which cheese traded on the CME Cheese Spot Call effectively set the […]
[UPDATE: In a lien priority dispute of importance to lenders and builders, the Minnesota Supreme Court issued an opinion today holding that “of record” means when received by the registrar, when date and time stamped and assigned a document number.] [Original June 5, 2010 Post:] In the current economic downturn, particularly by virtue of the fact […]
National “law gossip” website, Above the Law, takes on the University of Minnesota Law School for its 13% tuition hike and 1% cut in faculty salary.
Plaintiff has now filed his second amended complaint in this case of alleged professional malpractice and malfeasance, discussed in Minnesota Litigator previously. The portrait painted in the complaint is unflattering — unsound legal advice with criminal consequences, deceiving the client as to the concerns and misgivings of other lawyers in connection with that advice, all […]
Minnesota Litigator has received several requests for class action claim forms in recent days. I am not sure what explains the sudden uptick in contacts to Minnesota Litigator regarding claims in a class action to which Minnesota Litigator has no connection of any kind, other than a stray comment on the litigation. Whatever the reason, […]
Anyone reading the newspapers is aware of the recent confusion and on-again-off-again paralysis in residential mortgage foreclosures nationwide. Often, in Minnesota Litigator’s experience, the problem in particular cases (if any problem at all aside from the difficult challenge of foreclosure itself) is simply the logistics of the document-intensive foreclosure process, in which corners have been […]
The Wall Street Journal (WSJ) broke that back-dating story back in 2006, which, over the ensuing several years cost corporate America hundreds of millions, if not billions, of dollars. The WSJ broke another story over the weekend that plainly would trigger lawsuits, which it has now done. Time will tell whether the story and […]
In July, 2005, plaintiff Paul Schanhaar adjusted the plug on a piece of machinery that also included lead-acid batteries and an explosion occurred,apparently causing him permanent hearing damage. Lead-acid batteries produce hydrogen gas while charging, which is combustible at concentrations in excess of 4%. Products with lead-acid batteries, therefore, should be designed with vent-holes to […]