Corey Smith slipped on ice, fell, and was injured in a Wal-mart parking lot in Freeborn County three winters ago. One year ago, Mr. Smith, through counsel, sued Wal-mart for his injuries. About six months ago, the case settled in a settlement conference but the parties could not agree on the language of the formal […]
Update (November 24, 2017): The Minnesota Supreme Court granted the linked petition for review by CorVascular. The issue in the case is when a Minnesota limited liability company (an “LLC”) has a duty (imposed by statute) to indemnify an LLC member, whom it sues. The question, roughly, is, “When a company sues a member for […]
TIME TO GOBBLE (for meat-eating Americans (not so much for turkeys)). More than 40 million turkeys are raised by Minnesota family farmers every year. From LEVENTHAL pllc, Happy Thanksgiving and Happy Holidays to All!
Update (November 22, 2107): The case, described below, involved a worker, Nereus Montemayor, who climbed into an extruder, a giant meat grinder (more or less), which had been jammed. Another worker, not knowing Mr. Montemayor was inside the meat grinder, fired up the machine. Mr. Montemayor was badly injured. The case has been up to […]
There has to be a technical psychological expression for the phenomenon that (1) people envy the lives of other people, seeing the positive differentiators, and then (2) reassure themselves that their envy is unjustified, perhaps because of an inability to see the whole picture. Maybe this is captured in the simple concept of “rationalization.” This, […]
Today’s the day: the start of a patent infringement trial before Chief U.S. District Court Judge John R. Tunheim (D. Minn.) in Bombardier v. Arctic Cat. The case has been pending for about five years. On Friday, Judge Tunheim decided a passel of “motions in limine,” that is, evidentiary motions on the threshold of trial. […]
If you are a civil litigator and you do not know of this rule, you’re welcome: Under the Federal Rules of Civil Procedure, a motion for attorney fees “must . . . be filed no later than 14 days after the entry of judgment.” Fed. R. Civ. P. 54(d)(2)(B)(i). Noncompliance with this timing requirement is […]
Update (November 8, 2017): Just posting a reminder. Original post (October 2, 2017): Try to imagine that your passion in life, your dreams, your love, is art and artistic expression. You sacrifice […]
The focus in recent years on eradicating bullying and bigotry, particularly in our schools and among our children, is among the many welcome gales of change that we are going through now. Very few people (i.e., Nazis, “Alt-Right” activists, white supremacists) object to a zero-tolerance policy of such hateful, divisive, and corrosive behavior. In a twist, […]
It is fairly rare in Minnesota for there to be a dissent in a Minnesota Supreme Court decision regarding attorney discipline, but we have one this week in the case of Mr. Shawn Patrick Siders, who is suspended from the practice of law for two years after having been criminally charged with an attempt to […]