Regular Minnesota Litigator readers will have noticed a drop-off in the frequency of Minnesota Litigator posts since early October. On October 2 at about 5:20 p.m., a man driving a BMW 5 Series southbound on Colfax Ave. South crossed 28th Street without looking both ways. Riding my bike home from work that late afternoon, the […]
When a U.S. federal court throws out all federal claims with prejudice in a case and then dismisses the case (which includes additional claims under state law), can “the prevailing party” bring a motion for award of attorneys’ fees (based on a contract provision) in the federal court that just threw the case out? (“Prevailing […]
Update (November 15, 2019): The case described below was argued before the Minnesota Supreme Court this week. In the underlying district court decision by retired Hennepin County District Court Judge Mel I. Dickstein, it seems clear that Judge Dickstein felt required to rule against the plaintiff by established law and strongly suggested the possibility that […]
Update (November 11, 2019): Linked here is the defendants’ response to the plaintiff’s efforts to obtain documents and testimony withheld from discovery on claims of attorney work product doctrine (discussed below). It is strong advocacy; given our experience of rather broad and deferential treatment of privilege claims, we predict these defenses will win the day. […]