It’s State Fair time. That means fall is approaching. And the start of a new U.S. Supreme Court term. Last year’s term ended with some interesting commentary by professors, reporters and bloggers. Experienced Supreme Court attorney and professor Neal Katyal started the discussion.  In an op ed piece in the New York Times, he argued […]

Here are some things to know about the new Minnesota appellate rules that went into effect July 1.       No certified copy of the judgment or order you are appealing is required with the notice of appeal.  (But an uncertified copy must be included.)  You need to file a paper copy of your […]

Update (September 6, 2012):  Just in time for the new school year comes an initial ruling on the validity and boundaries of Facebook speech in public high schools. Chief Judge Michael Davis (D. Minn.) partially granted the Minnewaska School District’s motion to dismiss, but left the majority of the claims in 12-year-old R.S.’s Complaint live […]

The seemingly endless Petters litigation saga continues. In February, Minnesota Litigator reported that the litigious hedge fund Ritchie Capital Management  sued Fredrickson & Byron and attorney Simon Root for, among other things, violations of the RICO Act, fraud and tortuous interference for allegedly failing to formalize security interest in Tom Petters’ wholly owned company, Polaroid Corporation. […]

U.S. District Court Judge Joan Ericksen (D. Minn.) has built a bit of a local reputation for strict adherence to 28 U.S.C. § 1332 and admonishing counsel that fail to plead diversity of citizenship correctly (see, for example, here and here). Recently, Judge Ericksen again called out an attorney that “did not properly allege the citizenships of all the […]

Update #2 (February 27, 2012): [Note from Editor: Depo International has contacted Minnesota Litigator and asked that its rates be removed from this post.   Minnesota Litigator has voluntarily removed the pricing pursuant to the caller’s request.  Suffice it to say that there is variation among fees/charges of court reporting agencies and lawyers and their clients may […]

As a new lawyer, I have only heard about how important litigating in your own backyard is to the outcome of your case. However, as an unabashed sports fan and I know that having home-field advantage in critical games can be awfully important and seasoned lawyers know the same: having home-court advantage is one of […]

In a brief and stern order, U.S. District Court Judge Patrick Schiltz (D. Minn.) lowered the boom on counsel for insurer Hartford Insurance when, after a hearing, counsel submitted supplemental briefing.  Judge Schiltz quoted himself in a “closely related context:” ”This is akin to lighting a cigar and then asking, ‘Is it okay if I […]

This case, Kirkland v. Wyeth, arising from hormone replacement therapy lawsuits (prempro), was covered on this blog here.  The Eighth Circuit’s description of today’s opinion (and link to the opinion)(Bright, Author, with Murphy and Riley, Circuit Judge) is here. (In the earlier post, readers may note I made a prediction which proved wrong, although I […]

The Federal Bar Association November lunch today featured the Honorable Janie S. Mayeron (U.S. Mag. Judge, D. Minn.): “What I Know Now That I Should Have Known (a/k/a Wished I Had Known) Then: The Judge’s Observations (with 20/20 Hindsight) of the Practicing Lawyer.” Judge Mayeron’s address covered five areas of litigation she deals with: Pretrial […]