Minnesota Litigator

News & Commentary

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Adverse Possession: Change OCEAN to OCTANE?

At a minimum in order to pass the bar and get a law license, it is possible that almost every U.S. lawyer over the past 100 years or so has had to learn the acronym “OCEAN” to remember the prerequisites for a claim for adverse possession (Open, Continuous, Exclusive, Adverse, Notorious). The Minnesota Supreme Court […]

“An astonishing demonstration of arrogant petulance”

The linked recent sanctions order from U.S. Mag. Judge Katherine M. Menendez (D. Minn.) is a scalding, withering, and lacerating indictment of defendants and one of their lawyers, in particular. Hit up pp. 31-33 for a list of “the most egregious examples” of misconduct by Chicago-based lead defense counsel, Alexander Loftus. Massive red flags surfaced […]

The Enigma of “Foreseeability,” v.3.0

We have previously posted about “the enigma of foreseeability.” The COVID-19 pandemic gives us another chance to challenge the superficially simple concept of “foreseeability.” On the one hand, it is obvious that very few of us could have predicted the COVID-19 pandemic even six months ago. It was therefore “unforeseeable,” right? On the other hand, […]

Prairie River Home Care v. Procura: The Third Shoe Drops.

Update (April 8, 2020): We are coming up on the one-year anniversary of our coverage of the Prairie River Home Care v. Procura case, which we have highlighted as a fine example of how not to defend a lawsuit. We’ve posted about the case several times. To review, Procura agreed to provide a software system […]

Is The Corona Virus Pandemic a Force Majeure Event Excusing Contractual Performance?

Black’s Law Dictionary defines a force majeure clause as “[a] contractual provision allocating the risk if performance becomes impossible or impracticable, esp. as a result of an event or effect that the parties could not have anticipated or controlled.” Black’s Law Dictionary 673-74 (8th ed. 2004). A force majeure event is commonly considered to be […]

Pet Debt: Keeping Your Dog on a Short Lease?

One of the attributes of rich countries is that many of their inhabitants adopt and care for animals, not to raise and eat them, not to milk them, not to use them in their work, but just because…Just for the company, for laughs, as exercise buddies, and for the opportunity to lavish love on a […]

A Particularly Satisfying Minnesota Litigator Prediction

Many years ago, a seasoned stock-broker cautioned his brother, a lawyer (who happened to be my father), “If you’re going to predict, predict often…,” which has long been one of my all-time favorite aphorisms. Last April, we predicted that Minnesota Sands would lose in its challenge to the constitutionality of the City of Winona’s regulation […]

Alleged Attorney Wrong-Doing, A Search Warrant, & The Attorney-Client Privilege

In this post, we follow up on an earlier Minnesota Litigator post about the attorney-client privilege in the context of criminal investigation of attorney wrong-doing. This week, the Minnesota Supreme Court issued its ruling in K.M. v. Burnsville Police Department, et al. in favor of the police and adverse to the lawyer. The lawyer was […]

Dumber than a Dumb Law…

For some years now, Minnesota Litigator been critical of a federal laws exposing financial institutions and businesses to serious liability for fairly inconsequential lapses or disclosures related to ATM fees and partial numbers on credit card receipts. (For example, disclosing the month a credit card expires but not the year on a credit card receipt […]

Let this be a lesson….

We recently posted about a “brain raid” case in which a company vRad went after a former employee for violation of his non-compete and misappropriation of trade secrets. In our view, things did not look good for Mr. Rabern, the former employee, in opposing vRad’s threshold motion for a preliminary injunction to prevent Mr. Rabern […]