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.
Minnesota Unreal Litigation with Germanic Ties….
One of Minneapolis’ largest and most prominent law firms was retained by Deutsche Hypotheken Bank and Landesbank Baden Wuerttemberg (along with US Bank) to defend (successfully!) against claims that they played a role in the terrorist attacks of 9/11/01, the holocaust, the impending rise of the Fourth Reich, violations of the Americans with Disabilities Act […]
Just in time to miss Minnesota’s winter, it’s off to Panama!
The Minnesota Supreme Court today reversed the Minnesota Court of Appeals’ reversal of the Anoka County District Court’s grant of a motion to dismiss based on forum non conveniens (first reported here in February). For the Court, Justice Meyer wrote that a district court may dismiss on forum non conveniens grounds even though the adequacy of […]
Minnesote Supreme Court Grants Cert in Pawn America Minnesota v. St. Louis Park
Pawn America Minnesota wants to move into my neighborhood. The City of St. Louis Park seemed initially okay with the plan but, prodded by concerned residents, blocked the efforts at least for some time, saying further analysis and review is needed. The “proposed pawnshop operation was structurally different than the city’s other pawnshop because it […]
Susan Richard Nelson To Be Nominated for U.S. District Court (Minn.) Judgeship
The MinnLawyer blog is reporting that Susan Richard Nelson has been picked for the open seat on the United States District Court, District of Minnesota. Actually, the blog suggests that Sen. Klobuchar “will nominate” Judge Nelson but this of course is the President’s prerogative. The Star Tribune has confirmed that Sen. Klobuchar has recommended Judge […]
Major 8th Cir. Products Liability Decision Comes Down: Scroggin v. Wyeth
In May, this blog reported argument in the Scroggin appeal, a bellwether case for one of hundreds if not thousands of Prempro hormone replace product liability lawsuits. Today, the 8th Circuit opinion came down. It will take some time to review and analyze the 41-page opinion but the quick news is that the Eighth Circuit […]
When a client is not competent, who’s calling the shots?
An attorney, purporting to act on behalf of a client, sends correspondence that a disappointed business entity blames for the collapse of an important business transaction. The business entity (let’s call it PureChoice) brings suit against the son of the purported client — alleging that the client was not competent, that the son was acting […]
Internet Access in the Courtroom: A Work in Progress
It might sometimes seem that courts have a bit of a split personality regarding technology in the courtroom, both taking pride in high-tech courtroom features and famously proclaiming that some technology will only come into the court over the judge’s dead body. Of course, the important distinction is whether the high-tech features are there to […]
Provision of Legal Services In the Aftermath of Major Disasters: An Ounce of Prevention…
We are not well-suited to remedy lawyer shortages when struck by a flu pandemic, earthquake, catastrophic flood, or terrorist attack and many states (and now Minnesota) have considered or are considering measures in advance of such potentially chaotic times. It’s a “Good Samaritan Law” variation for out-of-state lawyers, you might say. Many see the idea […]
Eighth Circuit Case on “Excited Utterance” Exception to Hearsay Bar
Experienced Minnesota personal injury attorney, Tom Conlin, argued this week to revive a lawsuit against Lutsen Mountains ski area lost on summary judgment. An eye witness made statements around the time of a devastating accident, statements which she later disavowed. (The accident apparently left the injured plaintiff unable to testify as to the circumstances of […]
Court Approval of Out-of-State Lawyer Fees: The Minnesota Haircut
I suspect that few Minnesota clients celebrate Minnesota legal rates as a real bargain but those who have worked with lawyers out of New York, Chicago, D.C., L.A., etc., know, at least, that things could be considerably worse. And lawyers from out-of-state who come to Minnesota and ask for court approval of their higher rates […]