As all civil litigators know and any experienced litigants, well over 90% of lawsuits settle before trial. That is, many end in compromise settlements, i.e., voluntary transfers of money, most often, precluding the need for any further court or legal action. Nevertheless, as thousands of cases resolve by negotiated settlements, many more thousands of lawsuits […]

Update (February 8, 2021): The post, immediately below, was a complete “prediction failure.” U.S. District Court Judge Wilhemina M. Wright (D. Minn.) rejected Target’s motion for partial summary judgment in this insurance coverage dispute over Target’s losses from a huge data breach and granted the insurer’s motion. We’ll see if Target appeals the decision and […]

Minnesota lawyers, are supposedly self-regulating. Do you get the joke? What in the world is “self-regulation”? (See The Myth of Self-Regulation, Fred C. Zacharias (Minnesota Law Review)). Who thought up this notion of self-regulation, we wonder? (Hint: Lawyers). Seriously, the concept of self-regulation is complicated and nuanced. As such, it is inappropriate to address in […]

Current mortgage interest rates in the United States are around 3%. The one-year LIBOR (London Interbank Offer Rate) is 0.33%. So if you can get a 10% interest rate as a lender, that’s pretty good. Most people (even lawyers) do not normally think of plaintiffs in lawsuits as “lenders” or “creditors” but, in a way, […]

You might not like the procedural requirements for legal malpractice cases under Minnesota law, but you still have to heed them (or lose your case). So held the Minnesota Court of Appeals (AGAIN) this week in Mittelstaedt v. Henney (see pp. 13-14). And you cannot maneuver around the statute by calling your claim a “breach […]

The Minnesota Court of Appeals granted a writ of prohibition in Stephen A. Lawrence, et al. v Rihm Family Companies, et al., halting the trial court’s order that a party had waived its attorney-client privilege. In a nutshell Party A sold a business (X Co) to Party B, delivered the electronic files of X Co. […]

Update (December 8, 2020): Apparently, the defendant in the “pet lease class action,” which was the subject of an earlier post, is not a particularly deep-pocketed defendant, at least based on the modesty of the recently approved class action settlement. The class action plaintiffs were awarded a maximum of $50,200 (to be distributed pro rata […]

Update (10/27/2021): The Minnesota Supreme Court has now weighed in on this complicated dispute over the disposition of assets (farmland) in a trust. In our original post, we declined to make a prediction and we feel vindicated. The Court’s analysis is complicated and any attempt to predict it in advance would have ended badly. Original […]

Update (November 6, 2020): It took the Board of Professional Responsibility more than three years to get to this point but, by clear and convincing evidence, earlier this week they finally issued “Findings of Fact, Conclusions of Law, Recommendations for Discipline,” finding several ethics violations by Minneapolis lawyer, Dan Biersdorf. Mr. Biersdorf is the subject […]

Update (October 28, 2020): After most of a year of procedural threshold battle, the plaintiffs’ case has been thrown out for failure to add the company (Envoy) as a party in a lawsuit that is all about the company. This is an obvious set-back to the plaintiffs, possibly a fatal one, although the Court dismissed […]