Update (July 31, 2012):  There is evidence that repeated and flagrant violations of Rule 11 of the Federal Rules of Civil Procedure is a bad business model.   Original post (July 26, 2012):  Minnesota Litigator has previously reported on Minneapolis attorney William Butler’s wholly unsuccessful attempts to defend against foreclosure actions using the debunked “show […]

The U.S. Court of Appeals for the 8th Circuit’s decision this week in Northern Pacific Center, Inc. v. BNSF Railway Company, could further chill the already difficult market for redevelopment of contaminated property in Minnesota. The case involved a fact pattern that has become common across the state and elsewhere: a former property owner contaminated the property […]

After months of breathless anticipation, we now have Mr. Brodkorb’s Complaint against the Minnesota Senate and Cal Ludeman in hand.   Unfortunately, there are no salacious details, and precious little that has not already appeared in the press.  Nonetheless, it’s an interesting document for your humble blogger to consider.

“L’esprit de l’escalier,” or staircase wit, is a French expression for the witty comeback that we sometimes think of when it is too late.  When sitting home after the party or when driving home after the deposition, we might suddenly think of a clever tactic or retort that we really could have used hours before. […]

Our garbage, our refuse, our discard, reveal a lot about our habits and even our shared values.  Exemptions from state debt collection laws — that is, property that our legislature has determined is beyond the reach of creditors — is also worth considering.  In a sense, it is the opposite of our garbage. In part, […]

In a normal “contingent fee” arrangement, a party’s lawyer receives no payment for her services on a legal matter unless the party obtains a financial recovery. All lawyers know of these standard contingent fee arrangements as do most people in our society but many understand them to be limited to personal injury lawsuits, medical malpractice, […]

Let’s say three “innocent” lenders, A, B, and C, lent a scammer $100,00, $200,00, and $500,000, at Date 1(A), Date 2(B), and Date 3(C), at 10%(A), 22%(B), and 1,600%(C). Let’s say each respectively received payments back of $4,000(A), $100,000(B), and $100,000(C) before the scheme imploded and accounts were frozen. Let’s say the scammer ran some […]

There is a widespread but not universal social consensus that stealing is wrong, even when the thief is selflessly stealing to feed the poor or stealing for even more sympathetic beneficiaries (say, stealing for the benefit of innocent and hungry victims of widespread government-led oppression (e.g., Robin Hood)). On the other hand, most of us […]

To file under: “Tell Me Something I DON’T Know,” the Star Tribune’s Lee Schafer has a story in today’s Star Tribune about the grim stats with regard to employment opportunities for new Minnesota lawyers these days.  While the situation is widely observed (and excruciating, and sad), the article is worth reading to give some real […]

From Today’s Star Tribune: We will be voting “no” on the marriage amendment and encourage our fellow members of the bar to join us. –Gregory P. Bulinski; Chief executive officer, Bassford Remele, P.A. –Doug Holod; governance committee chair, Maslon Edelman Borman & Brand, LLP –Andrew G. Humphrey; managing partner, Faegre Baker Daniels LLP –Brad Keil; […]