Plaintiff Janice Hustvet sued Allina Health System because Allina terminated Hustvet from her job as an Independent Living Specialist (an “ILS”). Allina fired Ms. Hustvet because she refused to get vaccinated against rubella, which was a requirement imposed by Allina for ILS’s who work with immunocompromised people. It appears that Ms. Hustvet was concerned about […]
OW! This is one ugly order. The parties in this case have morphed the rules-driven process of a lawsuit into an unrecognizable kerfuffle fueled by mutual distrust and a paucity of reasonable compromise. The merits of the underlying dispute appear lost to the ether, while the parties struggle as if over a global conflagration on […]
Writs of certiorari are an important part of the appellate toolbox. Writs of certiorari are their own kind of appeal, and they are not well understood by Minnesota litigators. Certiorari matters are not like the usual civil case that starts in the district court and then proceeds to the appellate courts. These matters instead start […]
When out-of-state companies hire out-of-state lawyers with billing rates far beyond what lawyers cost in Minnesota and they seek an award of attorneys’ fees for winning a lawsuit (under a statute that provides for award of attorneys’ fees), our courts often punish them. “You coulda/shoulda hired Minnesota lawyers,”. Arguably, this is protectionism for Minnesota litigators […]
William Shakespeare, Romeo & Juliet, Act III, Sc. 1. Plaintiff Maria Ramirez-Cruz sued her former employer, Defendant Chipotle. Whether or not she was scheduled for work on particular days was relevant to the case. Defendant Chipotle “initially withheld” scheduling information from its employee shift scheduling (via its computerized MenuLink system) “because it was inaccurate.” Also, […]
We’ve covered the issue of fiery florid rhetoric and the distaste that courts generally have for it (“The Persuasive Force of Dispassionate Passion”). The sequence of drafts of our own legal argument sometimes go like this: Draft #1: In suggesting that XYZ case supports their position, opposing counsel and his nauseatingly deceitful client brazenly flout […]
Update (August 9, 2017): A significant win for Minnesota whistle-blowers this week! An employee who confronts his boss about his boss’ illegal conduct and, as a result, is fired may be considered a whistle-blower under Minnesota law. In light of a recent amendment to the statute, the “good faith” requirement for a whistle-blower does not […]
A personal injury plaintiff’s lawyer (“PI Guy”) takes a contingent fee case for a car accident victim (“Vic”). PI Guy explains to Vic that PI Guy “would not pursue litigation” for Vic’s case. But PI Guy makes a settlement demand on Vic’s behalf of $50,000 on the adversary insurance company. Adversary counters with an offer […]
If you were a state legislator, what laws would you try to pass? What laws would you try to repeal or amend? You might not have spent a lot of time thinking about it and these might be tough questions to answer quickly. It seems that the closest thing to a correct answer (if cynical […]