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.

When Cultures Collide…

LEVENTHAL pllc once had a land-lord tenant dispute involving parties in an immigrant community. The judicial action had a “concurrent shadow sister-adjudication,” if you will, of village elders. A side-show that eclipsed the event on the main stage. Good times. Rules of Civil Procedure need not apply… So we have sympathy for defense counsel in […]

Olson v. Lesch: Will This Hard Case Make Bad Law?

Mr. John Lesch, a Minnesota legislator (state representative for house district 66B, which includes part of Ramsey County), wrote a private and expressly confidential letter to Mr. Melvin Carter, the Mayor of St. Paul, in which Mr. Lesch expressed concerns and misgivings about Mayor Carter’s hiring of Ms. Lyndsey Olson as City Attorney. Somehow, Ms. […]

The Ethics of Lawyers Talking Directly to an Opposing Party Through a Client Conduit

“The walls have ears,” is a catchy phrase and this has never been more true than now, with most people running around with easily concealed digital recording devices (let alone ubiquitous web-cams, security cameras, and the like). We have frankly been a bit taken back by the number of LEVENTHAL pllc clients who come to […]

Sanctions on Boston Scientific for Late Disclosure of Potential Key Witnesses

Higgins v. Boston Scientific (“BS”) is a qui tam case (a kind of whistle-blower case) against BS in connection with alleged defects in a couple of cardiac defibrillator devices (Cognis and Teligen). A major bone of contention in the potentially multi-million dollar lawsuit is what BS disclosed to the FDA (and what it concealed from […]

Yet Another Brain Raid…

Update (February 21, 2020): The overpowering and acrid smell emanating from the linked reply brief is a toasted adversary, if we are not mistaken. We started keeping our eyes on vRad v. Rabern with the observation that things looked one-sided and bad for Mr. Rabern. With the help of his excellent lawyers, we up-graded his […]

Trust, Lawyers, and Clients

We were recently hired by a new client (YAY!) and the new client was quite blunt in expressing her concerns and reservations, based on previous past bad experiences with other lawyers. “How can we be sure you’re not over-billing us?” “How can we be sure we’re not going to get socked with a huge bill […]

Practice Pointer: How Not To Do A Privilege Log…

When you’re facing challenges to entries on your privilege log (if you don’t know what a privilege log is, scroll down to the bottom of this post), here are words or concepts you do not want to read in a Magistrate Judge’s ruling after in camera review of withheld documents listed on your privilege log: […]

Spearman v. Taylor: A Case Study on Corporate Governance

Happy Valentine’s Day. The linked 36-page complaint against Minnesota billionaire, Glen Taylor, and others was brought in late January by minority shareholders of Envoy Medical, a medical device company whose big product is Esteem, “a surgically implanted hearing device” (not, apparently, to be referred to as a hearing aid). The complaint tells a fairly simple […]

Yet Another Brain Raid…

No one knows better than trial lawyers and judges that “there are two sides to every story” (at least two sides, actually). But, as with all adages, this adage is just wrong in some cases. The latest “brain raid” case of Virtual Radiologic (“vRad”) v. Rabern is looking pretty one-sided at the moment. According to […]

Too Good To be True (And Another Reminder About Improper “Motions To Strike”)

Nancy and Monti Moreno borrowed $333,700 from a mortgage lender to buy a house and a barn in Marine on St. Croix, Minnesota in 2004. They failed to make payments on the loan. The lender, Wells Fargo, brought a lawsuit to foreclose on the property. In that proceeding, in 2015, the court held that the […]