Minnesota litigators are well aware of the substantial difference between taking third-party discovery out of state for a federal case pending in Minnesota as compared to a Minnesota state court action.  Federal subpoenas are standardized and relatively straight-forward.  The process for out-of-state discovery for use in Minnesota state court actions is significantly more varied and […]

We recently covered Defendant TiZA’s extremely broad view of a proposed protective order in the case.  We now have the ACLU’s response (here).  Of particular interest is the news that threats and intimidation have apparently caused a third-party witness whom the ACLU wished to depose to cancel the deposition.  “Stopping TIZA’s intimidation of potential witnesses […]

If you think of a Möbius strip as a loop turning infinitely in upon itself, it might be an apt metaphor for the strange scenario playing out in federal courts in Minnesota and in Indiana where a company, Loparex, is doing battle on two fronts in litigation arising out of the acquisition of a business […]

Apparently Dennis Hecker’s former secretary decided to take some documents with her when she left her job working for him and, when served a subpoena by Chrysler Finance, who has a lawsuit against Hecker, she produced the computer files to Chrysler Finance. Now Hecker’s counsel not only wants the files returned, because they were allegedly […]

With the internet has come an ever-growing wave of anonymous wrong-doing so businesses and individuals increasingly have to vindicate their rights by bringing a lawsuit against a fictitious entity and then, once the suit is filed, the victims can invoke the court’s subpoena power to discover the name(s) of the wrong-doers (with subpoenas to internet […]

Michael Foods, Inc. has brought an insurance coverage claim against U.S. Specialty Insurance Co. in United States District Court (D. Minn.) based on a coverage claim for Michael Foods’ costs in connection with responding to a subpoena of the U.S. Department of Justice. The policy is a $10,000,000 Directors & Officers policy. The subpoena was […]