Breaking Update (September 30, 2011):  The Court just issued an order moments ago that trial, set to start Monday is canceled.  The case has settled on the threshold of the courthouse. Following up on the “after-thought” of the recent post below, ADT did not have to answer 92 Requests to Admit on the threshold of trial.

Dr. Donald Kapps went to the Mayo Clinic for treatment of his atrial fibrillation (irregular and high-speed heartbeat).   His surgeon used a recycled Biosense “lasso catheter,” which was labeled “for single use only.” Contrary to manufacturer instructions, however, the Mayo Clinic had sent it out to be refurbished to Ascent (the “Play it Again […]

How can solo litigators take on substantial litigation, with thousands of documents, particularly against larger law firms?  The answer is, they can’t.  Not always, anyhow.  The strongest individual lawyers with the most compelling cases are no match for a large litigation team in large civil litigation.  Some cases are simply too big for solos and small firms and […]

This blog has closely followed  the saga of Amber Engquist, the 9-year old who was attacked by her friend’s black lab. Amber had reached out to hug Bruno.  When Bruno growled, Amber backed away.  That’s when Bruno attacked. As Amber’s case wound its way through Minnesota’s court system, the same question has persisted: Did Amber provoke the dog? […]

The 8th Circuit recently issued a major ruling in a significant class action race discrimination lawsuit in Bennett v. Nucor Corp.   Nucor is a large steel manufacturer with a production plant in Blytheville, Arkansas.  The plaintiffs initiated race discrimination claims against the company in 2003.   After the district court denied the plaintiffs’ motion for class certification […]

In a new published decision, Dimke v. Farr, the Minnesota Court of Appeals has called into question the effectiveness of the statutory process for cancelling residential purchase agreements. Minnesota’s statutory cancellation process afforded sellers three primary benefits: (1) no need for court, (2) finality, and (3) certainty. Has this new decision thrown these benefits out […]

The rise of same-sex marriage, domestic partnerships, and civil unions in various states (and prohibitions thereon in others) has led to confusion about a number of issues, not the least of which is taxes.  

The Minnesota General Rules of Practice, promulgated by the Minnesota Supreme Court, set out rules for “withdrawal of counsel.”  Rule 105.  A trend has been noted of late, however, where Minnesota trial court judges impose more restrictive rules for withdrawal in the court scheduling orders, which has the result of causing some lawyers to be stuck […]

Essentially thoughtless statements like, “It is too long settled and acknowledged as true to be open to serious dispute…” define “orthodoxy.”  (See, e.g., Galileo re heliocentrism.  (Beliefs do not become truths merely by growing old or by consensus.)) What are some orthodoxies in current U.S. litigation? One is that plaintiffs want to avoid arbitration whenever […]

Update (September 20, 2011):  Near the height of the apple season, clearly apple growers have better things to do than litigate. Update (Feburary 8, 2011):Minnesota Litigator appears back on track with a successful litigation prediction this time around.