Mag. Judge Arthur J. Boylan (D. Minn.) ruled on Friday (1/15/10) on a discovery dispute in ADT Security Services v. Selige Swenson, et al., Civil File No. 07-cv-2983 (JRT/AJB), that ADT could amend deposition testimony — not to change “Laurence” to “Lawrence,” or some other minor correction but, rather, to reverse testimony completely. The case […]

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 […]

If, hypothetically, your business were devising a business strategy that could, if successful, severely impact if not destroy another business, should you “reasonably foresee” litigation at the outset of implementing that business strategy? A person must preserve documents that the person knows or should know will be discoverable in “reasonably foreseeable” litigation.  In the hypothetical, […]

A guest at a house along with his parents, a three year-old child climbed on an unsecured empty bookcase, which fell on him and caused serious injuries. The Minnesota Supreme Court affirmed the Minnesota Court of Appeals affirmance of the trial court’s grant of summary judgment in favor of the land-owner/defendants. The courts all held, […]