Stephen Ballard’s life changed on July 22, 2011 when Robert Chesser drunkenly cruised over the center line on Arlington Avenue in Duluth and smashed into Mr. Ballard’s car, head-on. Mr. Ballard has lived the nightmare a life-changing tragedy coming from a risk that almost all of us run every day. Driving. One civil litigator nightmare concerns […]
When is a verdict a “special verdict” when a “general verdict”? How about the one linked here? Which is that? Easy, right? If you had a peek at the linked document, it says right on it, “Special Verdict Form.” But what is a “special verdict”? What is a “general verdict”? Why does anyone care?
Update (January 23, 2015): Oral arguments were held in Williams-Yulee earlier this week. That case will decide whether it is constitutional to bar judicial candidates from personally soliciting attorneys for campaign contributions. And the justices seem to be dividing along the usual lines. With Justice Kennedy, who will likely be the swing vote, largely silent […]
Normally, Minnesota Litigator profiles are of Minnesota civil litigators whose practices are somewhat “niche” and who therefore are not as widely known as the depth of their expertise might deserve. But, recently, I have strayed from that to provide Minnesota Litigator readers with profiles of more widely known lawyers. (Here is my most recent post […]
If you are a large corporation, you favor arbitration. If you are a consumer, you oppose arbitration. I won’t try to change the strongly held opinions of either of these two players in the world of commerce. They have their reasons and the analysis behind their preferences is complicated and unsuitable for a short blog […]
Last week, I found myself in U.S. District Court for the District of Minnesota before U.S. District Court Judge Ann Montgomery arguing about fair play and substantial justice in a business dispute. It was an early morning hearing so we could clear the courtroom for the on-going high-stakes trial of Trice-Adams v. Toyota Motor Corporation, the case […]
Update (January 16, 2015): Everything is bigger in Texas. Texan Mikal Watts is one of the biggest plaintiffs’ lawyers in the United States (and not immune from suspicion of wrong-doing, incidentally). About five years ago, Minnesota Litigator followed his trial win in the Levaquin litigation for plaintiff, John Schedin (discussed below). They don’t really get bigger […]
Some years ago, I worked for other lawyers and I learned a lot from many different lawyers. But I also was frustrated by other lawyers’ decision-making on strategic issues from time to time. One time, I proposed bringing a strategy and senior lawyers at the firm I was then with veto’d the motion that I had proposed bringing. […]
Next week, the U.S. Supreme Court will consider whether another regulation governing judicial elections is constitutional or whether it violates the first amendment. On Tuesday, January 20, the Court will consider Williams-Yulee v. The Florida Bar. (For a free webinar on January 15 with background on the case, click here.) In that case, the Florida […]
If your client were sued for a car accident in which he rear-ended someone, you think you might be interested in evidence that the injured plaintiff “had a history of vision problems; suffered from dizziness, paranoia, and hallucinations while driving; had been instructed not to drive at night; and had been hospitalized hours before the accident” (which occurred at […]