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.

The ANSI/OSHA Compliant Ladder Fight Continues…

Long time readers of Minnesota Litigator will remember our earlier posts about Wing v. Tricam, a dispute between competing ladder manufacturers about the defendant’s claim that its ladder is “OSHA/ANSI Compliant.” (Earlier posts are here, here, and here.) Plaintiff Wing argues that Defendant Tricam’s claim is false advertising. As is clear from our earlier posts, […]

Haste Makes Waste.

They say that one person’s trash is another person’s treasure…but one failed trash business might have caused another’s disastrous business decision (or, to put it another way, one person’s trash might be (and often is) another person’s trash). We turn to Vermillion State Bank vs. Tennis Sanitation, a case that was accepted recently for review […]

King’s Cove v. Lambert Commercial Construction: Insurance Coverage Law Nerdfest

“A” sued “B” for breach of contract and negligence arising from construction work that B agreed to perform for A. B had insurance and asked its insurer for coverage and also to undertake its defense (and the costs of defense (including attorneys’ fees)) under the insurance policy. B’s insurer agreed that some of A’s claims […]

Cop or Not?

When a private party hires a uniformed police officer for security, when the police officer is working “off duty,” is the officer “acting in the performance of the duties of the position“? This matters. If the officer is “acting in the performance of the duties of the position,” he may be entitled to indemnification by […]

The Legislature Oversteps Its Bounds

There is always a flurry of bills at the end of a legislative session.  One bill passed this past May made some changes to the statutes on guardians and conservators.  The legislation required that a confidential “bill of particulars” be filed with the trial court that would lay out the confidential or nonpublic documents filed […]

These Are The Dog Days…

The dog days of summer are the hot, sultry days of summer, that is, days like today. What perfect timing for a post about a dog case. When Ms. Danielle Zephier moved from Minnesota to California, she left Oliver, a rather old mutt (mixed poodle/beagle, 10 yrs. old) (along with fellow hound, Alex) with Ms. Zephier’s father. After […]

Another one bites the dust…

Happy Anniversary to Minnesota Rule 5.04! For about six years, we’ve raised the alarm about Rule 5.4 of the Minnesota Rules of Civil Procedure and, specifically, an amendment made effective on July 1, 2015, that requires that lawsuits be filed in court within one year of service. We have even sued a law firm for […]

“Aurora Waived The Non-Waiver Clause.”

It is possible that one of the dimmest prospects for appeal in civil litigation is the appeal of an arbitration award. As painful as this is for many arbitration losers, the reason should be obvious: the whole point of arbitration is to stay out of court and, all the more, to limit any possibility of […]

The Doctrine of Champerty Is Dead in Minnesota.

Update (June 5, 2020): Our hope (expressed in the original post below) has been realized. The Minnesota Supreme Court struck down the “hoary” common law doctrine of champerty this week in Maslowski v. Prospect Funding Partners. Read the Minnesota Supreme Court’s discussion of the origin of the doctrine and it will highlight how out of […]

Lawyers As Expert Witnesses

The practice of LEVENTHAL pllc is broad and includes an array of Minnesota civil litigation (litigation involving colleagues, customers, competitors, vendors and lenders, we sometimes say). But we have niche expertise in a particular area of Minnesota civil litigation: legal malpractice. As such, by statute, we are obligated to hire attorney experts in the vast […]