This week U.S. District Court Judge John R. Tunheim set on cross-motions for summary judgment for July 6, at 10:30 a.m. in this high profile and tragic case of murder and a home security alarm system that failed to avert the nightmare scenario.
The parties’ briefs are here and here. As one would expect, the emphasis in the alarm company brief is comparatively dispassionate and emphatically contractually focused. (One notes, incidentally, that ADT apparently contractually limits liability to the Lee estate to $500.) The brief of the personal representative, estate, next-of-kin, is predictably more novelistic and emotional in style (though this brief of course also addresses the law).
Minnesota Litigator covered an earlier skirmish in the case regarding just how far a deponent can go in changing deposition transcript (“Did I say the light was red?… I meant green”?)