I am not a religious person, much less a religious scholar. But I absorb biblical quotes by cultural osmosis as we all do. Like the phrase above, “The meek shall inherit the earth,” from Mathew 5:5. Unfortunately for me, this phrase, like so many phrases in all many religious texts, has no actual meaning. I look […]

I recently had lunch with a successful large firm lawyer. He asked me how I am liking my practice. I told him, as I have told many, that I am having the time of my life. Each day of work is fun, an adventure, and I feel very fortunate. “That’s great to hear,” the large […]

Trial lawyers work with experts in many cases and the relationship can be difficult sometimes. The expert might not say what the lawyer wants the expert to say. The lawyer might ask convoluted and impossible-to-answer questions. Sometimes lawyers might find an expert to be controlling — the proverbial armchair quarterback (or vice-versa). Sometimes it is simply […]

It has bothered me that plaintiffs are held to a somewhat high standard, in my view, as to what they can plead and what they cannot plead in their complaints when defendants are given substantially more leeway in their answers to plaintiffs’ complaints. This rule makes sense but it still bothers me. It makes sense […]

Hypothetical: adversary in litigation asks for your client’s “ESI” (electronically stored information) related to the lawsuit and proposes that certain search terms be run on your client’s computer systems. Your client tells you that it has already given you all responsive documents in hard copy so that any such searches would likely be duplicative. Relying […]

The Associated Press reports today that the EEOC has fined Target $2.8 million for employment discrimination. The EEOC says three employment assessments formerly used by the Minneapolis-based retailer disproportionately screened out applicants for professional positions based on race and gender. It says the tests were not sufficiently job-related. The EEOC also says an assessment that […]

Minnesota Litigator strays from its mission statement of “News and Commentary about Minnesota Civil Litigation” rarely, but it does from time to time. Rarer still, I wade into culture wars or ideological battles that tear our country into pieces. But sometimes a Minnesota court decision might tempt me into these depths and, without further adieux, adieu. […]

In our court systems, there are many interesting distinctions between what trial courts do and what courts of appeals do. Three come immediately to my mind: (1) at the trial court, there is generally one decision-maker for any particular decision while, on appeals, there are generally three judges deciding the legal issues in a particular case; […]

Brian McMahon was a lawyer at the Minneapolis law firm of Gray Plant Mooty some years ago and he went on to a successful solo business litigator practice in St. Paul for several years. Now he is the one-man Minneapolis office of the biggest lawyer/law firm recruiter around, Major Lindsey & Africa. Brian has advice for Minnesota […]

Minnesota Litigator was recently honored with the privilege of an interview with former Hennepin County Chief Judge Kevin Burke. The executive summary: Judge Burke’s passion, humility, and thoughtfulness are inspiring. Minnesota’s judicial system owes him quite a lot. ML: What are you up to these days? JB: In May of 2014 I spoke at Monash […]