Minnesota Litigator recently queried what the next big wave of litigation might be: Obesity? Food packaging? Liability for injuries in professional sports? Legal trends are impossible to predict. In fact, they are even difficult to perceive when they are happening. It is only after data is (or “are” if you are a pedant) collected and […]
Schwegman Lundberg Woessner (“SLW”) is a highly respected Twin Cities intellectual property law firm, which, ironically, is being sued for allegedly infringing on the intellectual property rights of the American Institute of Physics and published John Wiley & Sons, Inc. An excellent write-up of the case and a companion case can be found here. Minnesota Litigator has […]
Imagine a case where your client is sued under a statute that provides for, say, $1,000 in statutory damages plus “costs,” plus “reasonable legal fees” if the statute is violated. Imagine your client recognizes the it violated the statute. Imagine your client offers the plaintiff: $1,000 in statutory damages plus “costs,” plus “reasonable legal fees” […]
Hungry lawyers sometimes take on cases that they might think are not particularly promising — we call these cases “dogs” — and, sometimes, files are opened but they languish as more pressing (and, it is hoped, more lucrative) work takes priority. The risk is that a case will go stale and pass the statute of […]
The bell rings for round one. A seasoned fighter leaves his corner and stands over the prostrate body of his opponent, down for the count before the first punch is thrown. What should be “the purse” for such a bout?
Regular Minnesota Litigator readers will by now have been trained to recognize (and to name) the graphic image to the left to associate it with coverage of a particularly hard-fought and long-standing legal malpractice lawsuit (which, incidentally, has been conspicuously quiet for some weeks now). But, it may be noted that the legal malpractice claim […]
Based on an AmLaw Daily report, based on a Citi Private Bank Report, Brian Tamahana reports: This is the worst market for legal employment in at least four decades–with no sign of a turn-around on the horizon. For the past year, I have been saying that the collapse of the legal market has finally hit bottom and is poised […]
Sr. U.S. District Court Judge Richard H. Kyle (D. Minn.) started a recent opinion: “Ponzi schemes leave no true winners once the scheme collapses.” Except the lawyers. The process of reallocation of stolen money is complicated, costly, and, consequently, inherently imperfect. There will always be innocent victims left uncompensated. There will be legal fees along […]
My experience with the election, and particularly Election Day, this year, has led me to a new appreciation for Minnesota and the power of law. I started the day getting up while civilization slept, since my biological clock has still not adjusted to the return of Standard Time. While waiting for the coffee to brew […]
Whose woods these are I think I know. His house is in the village though; … The woods are lovely, dark and deep. But I have promises to keep, And miles to go before I sleep, And miles to go before I sleep. Robert Frost (“Stopping By Woods on a Snowy Evening“) No idea what […]