• November 18, 2010

is not being talked about,” said  Oscar Wilde, famed Irish dramatist, novelist, & poet (1854 – 1900).

This seems a particularly fitting “bon mot” for a blogger like Minnesota Litigator whose posts are often greeted by complete silence.  (Mercifully, analytic software anonymously tabulates thousands of readers, so Minnesota Litigator takes comfort in that data and the occasional informed comments both on-line and off.)

A blog written by a lawyer and primarily read by lawyers is even worse!  Lawyers, after all, trade in confidentiality, trust, discretion, and circumspection (let alone Judges!).  

This is all by way of saying that it was gratifying to note Minnesota Litigator footnoted in a brief before the United States District Court (Schiltz, J.) this week.  (See the linked brief here at footnote 2.)

(There may seem some faint whiff of wrong-doing claimed in the referenced footnote — a suggestion that a document was made public by Minnesota Litigator that should have been filed under seal.  For what it is worth, at no time has any person requested the document be removed and, furthermore, it remains unclear to Minnesota Litigator on what basis any of this was ever under seal in the first place aside from the fact that the allegations are unflattering to defendants.  But aren’t allegations against alleged tort-feasors, contract breachers, etc., etc., generally unflattering?  Should we have a legal system where allegations are under seal until they’re proved (proven (?))?  That would be a very different legal system.)

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