Update:   It’s a time of transition.  The Twins season is winding down.  And the Minnesota Supreme Court is issuing the last of its decisions from the past term. Two important decisions were just released:  Gams and Cole.  These cases decide how two rules mesh – rule 5.04(a) and rule 60.02. Rule 5.04(a) was amended […]

March 25, 2016 (update):  So spoke the Minnesota Supreme Court this week: “A domain name is intangible personal property subject to garnishment.” May 8, 2015 (Original post by Minnesota IP-focused lawyer, Paul Godfread): The Minnesota Supreme Court recently agreed to hear an appeal dealing with whether domain names and websites are “property” under a Minnesota garnishment statute, […]

Judicial seats are on the ballot again this year. And that means voters will be looking for information about candidates. Information is usually hard to come by for judicial races.  Especially meaningful information. Judicial plebiscites are an important way attorneys can help. Plebiscites are being held to identify preferences of bar members for the state-wide […]

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 […]

“First, Do No Harm”. This is the first principle attributed to Hippocrates as part of the ancient oath of the medical profession. It expresses a fundamental ethic that should guide the practice of every physician. Today, medical science and technology have evolved to permit medical practitioners to stop or slow the progress of many life threatening diseases. The […]

It seems like the buzzer in the U of M/Tubby Smith/Jimmy Williams case has finally sounded. As reported by the Star Tribune, the Minnesota Supreme Court has reversed Williams’ $1 million jury award against the University of Minnesota and men’s basketball coach Orlando Henry “Tubby” Smith for negligent misrepresentation. Justice Christopher Dietzen, writing for majority […]

Update (July 31, 2012):  There is evidence that repeated and flagrant violations of Rule 11 of the Federal Rules of Civil Procedure is a bad business model.   Original post (July 26, 2012):  Minnesota Litigator has previously reported on Minneapolis attorney William Butler’s wholly unsuccessful attempts to defend against foreclosure actions using the debunked “show […]

Fatalities from auto accidents are part of modern life, but the law does not regard driving as “inherently dangerous.” This is because, under negligence law principles, that could mean drivers “assumed the risk” and could not recover in negligence claims from car accidents. But what about snowmobiles? Maybe injuries sustained while operating a snowmobile are […]

In State v. Tanksley, the Minnesota Supreme Court recently affirmed DWI urine testing procedures despite concerns that the urine testing does not accurately reflect a person’s blood alcohol content.  Although the source code challenge has taken most of the spotlight, Minnesota DWI defense attorneys have been bringing challenges on another front as well: first-void urine […]

For more than five years, thousands of DWI convictions have been in limbo while defense attorneys and prosecutors argue whether the source code of alcohol breath test machines provide reliable results.  With a history of fierce disagreement between the two sides, resembling the drama of a heavyweight boxing match, the litigation came to the Minnesota […]