Minnesota Litigator
News & Commentary
Do not consider the blog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state.
Devastating Ruling/Unforeseen Consequences
In the lawsuit of Gracelyn Trimble vs. former Minnesota Viking, Dalvin Cook, involving allegations of physical domestic violence and injuries, Special Master Judge Robert A. Blaeser has issued a scorching and devastating order against Ms. Trimble and her lawyers, sanctioning them, disqualifying the lawyers, and ordering Plaintiff to pay her adversary’s legal fees, for, in […]
Defamation, “Matter of Public Concern,” Facebook…
In a post almost one year ago, Minnesota Litigator took the position that an accusation on Facebook of sexual wrong-doing, posted with a hash-tag, “#MeToo,” did not, by inclusion of the hash-tag convert the Facebook post into a “matter of public concern,” warranting heightened protection from a common law defamation claim. Today, a majority of […]
The Irresistible Allure (and Perils) of Handshake Deals… (The Story of a Partnership Mess)
Who wants to bother with “the parasites lawyers“? Who wants to inject distrust into mutually beneficial relationships between friends? Insecure (maybe untrustworthy?) losers? Jerks, right? Who has time for that? No one. WRONG ANSWERS. The linked “non-precedential” Minnesota Court of Appeals decision tells the story of Messrs. Haler and Beskau who seem to have been […]
When In-Laws Are Outlaws (or At Least Out of Luck)…
Almost a year ago, we predicted reversal of a Minnesota Court of Appeals decision relevant to divorce and a will that expressly provided that 50% of a man’s estate would pass to his ex-wife’s heirs. We were persuaded by Judge Segal’s dissent. Our prediction was right! (A far more experienced and knowledgeable trusts and estates […]
Alternative Writs of Mandamus vs. Peremptory Writs and Why It Matters
Imagine you want to built a home that does not comply with every building regulation, you seek permission from the government to build it anyhow (seeking a variance, some might say, or applying for a conditional use permit). You submit an application, and, in response to your application, you get no answer. Under Minnesota law, […]
Minnesota Employment Law Practice Pointer (re Unpaid Wages)
A brief note: Don’t forget to demand unpaid wages before suing! In a recent case in U.S. District Court (D. Minn.), Sr. U.S. District Court Judge Donovan W. Frank recently ruled on a motion to dismiss a claim under the Minnesota Payment of Wages Act because the Plaintiff did not make a demand for unpaid […]
Unjust Enrichment: Another Successful Minnesota Litigator Prediction
Earlier this year, we predicted a reversal of the Court of Appeals decision in Herlache v. Rucks. We got this one right! (We don’t always.) Herlache v. Rucks involved a dispute over a couple’s break-up and efforts by one of the two (Mr. Herlache) to recover money he spent for improvements to the home of […]
Is Notice Pleading Still the Rule in Minnesota State Court? (Spoiler Alert: Yes (we hope).)
As all competent Minnesota civil litigators know, since 2014, it has been clear that a different and, critically, a more lenient pleading standard has exists in Minnesota state courts than in U.S. federal courts (In Walsh v. U.S. Bank, 851 N.W.2d 598 (Minn. 2014)). Minnesota state courts require “notice pleading,” a looser more generous requirement; […]
Minnesota Litigator Profile: Laurel Learmonth
I had the great opportunity to talk with Minnesota lawyer, Laurel Learmonth recently. Ms. Learmonth has been practicing law in Minnesota for forty-five years at the same Minneapolis law firm with a primary focus on family law. On its own, forty-five years of practice is a staggering accomplishment, of course. On top of that Ms. […]
Unjust Enrichment Under Minnesota Law
The unjust enrichment case of Mr. Paul Herlache against Ms. Amy Rucks is now pending before the Minnesota Supreme Court. (Here is the intermediate Minnesota Court of Appeals decision.) Briefly, Ms. Rucks is a successful executive, bringing home $350,000-$500,00/year plus benefits and stock options from a medical device company (at least as of the date […]