Since the late 1980’s, an ad campaign has run where, at the moment of athletes’ triumph, an unseen reporter in the crowd shouts, “What’s next?!” and the jubilant stars answer that they are heading to Disneyland or Disneyworld. This comes to mind when I come across news of some convicted wrong-doers. When your massive fraud […]

Some people hate their lawyers because lawyers can be expensive and, sometimes, it is not merely hard but it is impossible for the client to see the value of the services provided. Imagine, for example, that a client faces lawsuit claiming $9 million and his lawyers, over several months, bill $30,000 or so examining what […]

For several years, Minnesota Litigator has followed quite a few “brain raid” cases — fights between competing companies when one lures away an experienced worker (almost always an executive) from the other. The case of St. Jude Medical, S.C. v. Grubiak is noteworthy and anomalous in a couple of respects.

At the most recent District of Minnesota’s Federal Bar Association monthly lunch, we heard from the four deans of the Twin Cities law schools (U of M, William Mitchell, Hamline, & St. Thomas) and the numbers were grim, as anyone with a clue about the current state of the U.S. legal profession already knows. More […]

Update (January 24, 2014): Under Eighth Circuit law, it would appear that someone outside of Minnesota can knowingly and intentionally publish a defamatory website specifically and intentionally identifying and defaming a Minnesota lawyer and, absent any other contacts with the state by the wrong-doer, the Minnesota lawyer would not be able to invoke the Minnesota […]

This week, plaintiff Scott Schmidt, represented by attorney Scott A. Wilson, won a rare reversal of a trial court’s grant of summary judgment in favor of legal malpractice defendant, Thomas P. Harlan.  As all experienced Minnesota civil litigators know, legal malpractice claims are very difficult cases to win.  (And this one may be far from […]

Who knew? Most people associate Wham-O with the frisbee or the hula hoop.  But do not forget the Superball and “a number of other extreme sports and swim products.” Apparently, in addition, Wham-O has what might be a risky business strategy.  At least Eden Prairie-based former Wham-O sales rep (over decades) Toy’N Around Inc. alleges that […]

Republican Minnesota State Senator Sean Nienow is getting some attention and some heat for defaulting on a small business administration loan and for being sued by the federal government (Complaint here, Complaint’s Exhibits, here).  (Nienow gave an unconditional personal guaranty in connection with a small business.)  Local press is cattily critiquing him for being a […]

Last week, Minnesota Litigator had a post about the failure of a company’s non-compete when it was put to the test of judicial scrutiny. A recent case from the U.S. District Court for the Western District of Missouri (relevant to Minnnesotans because that district and the District of Minnesota fall under the same U.S. Court […]

Update (January 21, 2014): The money quote: “In September 2013, immediately after informing this Court that he did not have the resources to pay sanctions, that he had not paid rent on his office for four months, and that his adult son was on food stamps, … Butler spent $1,718.46 on restaurant meals, liquor, yoga, tanning, and kettlebell […]