Readers of this blog and those in the Minnesota medical malpractice bar are well aware of Minnesota’s statutory requirements for medical malpractice claims. Today, the Minnesota Court of Appeals issued an opinion (by Judge Louise Dovre Bjorkman, appointed by Gov. Pawlenty to the Court of Appeals in June, 2008, and joined by Judge Jill Flaskamp […]

Today, the Minnesota Court of Appeals, in a published decision (authored by Judge Stauber), held that, “[I]n order to provide a meaningful opportunity to correct defects, prepare for negotiation or litigation, and safeguard against stale claims…we conclude that a party must provide actual notice of the nature and timing of any action that could lead […]

We are not well-suited to remedy lawyer shortages when struck by a flu pandemic, earthquake, catastrophic flood, or terrorist attack and many states (and now Minnesota) have considered or are considering measures in advance of such potentially chaotic times. It’s a “Good Samaritan Law” variation for out-of-state lawyers, you might say. Many see the idea […]

An interesting little puzzle: if a public entity and a “gad-fly” advocacy group enter into a settlement agreement whereby the gad-fly will not address any further challenges to the public entity’s conduct that he originally challenged through litigation, will a later complaint by the public entity for the breach of that settlement agreement against the […]

Minnesota Supreme Court Chief Justice Eric J. Magnuson has proclaimed May 4-8 Juror Appreciation Week. The Judicial Branch will use this occasion to express appreciation for those Minnesotans who have answered the call to jury service. Granted, our court system relies on the significant commitment, dedication, and sacrifice of those who serve on juries but […]

For the time being, it seems that the possibility of a newly imposed tax on legal services in Minnesota has diminished. The linked blog entry and accompanying comments are by an large informative of the issues and respective positions. In my view, while recognizing that Minnesota courts are desperately underfunded, the cost of U.S. legal […]

In a published decision by the Minnesota Court of Appeals, the Court reversed a Scott County District Court whose decision had been adverse to an insured defendant in a car accident case. The defendant reported the accident to his insurer and then, apparently, could not be located when the lawsuit was filed. The insurer hired […]

Since at least 2007, some in the the mortgage lending industry have been concerned that the federal Home Mortgage Disclosure Act (“HMDA”), which mandates data reporting regarding loan applications and loan terms, would be used by plaintiffs’ counsel as supposed evidence of racially biased mortgage lending decisions or mortgage lending terms. Yesterday, while not mentioning […]

The so-called subprime mortgage meltdown has not only resulted in the shutdown of hundreds of mortgage lenders and mortgage brokers in Minnesota and across the country. Another consequence has been a rash of enhanced state and federal laws intended to crack down on what were viewed as sharp practices by the mortgage lending industry that […]

Defendant/Homeowners obtained a loan to redeem after the foreclosure sale of their home, getting a $245,000 loan from Plaintiff Rand with an interest rate starting at 13.99% and, after one year, going up to 14.99%. Defendants fell behind on the new loan, were foreclosed, and failed to redeem. Prior to eviction, Defendants sought to rescind, […]