Update (September 13, 2019): As regular readers know, Minnesota Litigator predicts outcomes of pending court decisions from time to time. Below, we discuss Kedrowski v. Lycoming, a significant, hard-fought, and close case arising out of a serious physical injury in a plane crash. We predicted a result as the case was considered by the Minnesota […]

“In loco parentis” is Latin and is literally translated “in the place of a parent.” It is a concept that dates back to old English law if not centuries earlier than that (see here at p.6). When are school teachers acting “in the place of a parent” and what does that mean? What are the […]

Update (September 9, 2019): Has the hot air in Streambend Properties v. Ivy Tower Minneapolis finally breathed its last breath? (Please allow us a mixed metaphor from time to time.) In the linked 6/3/19 petition for Minnesota Supreme Court review of the dismissal of the Plaintiff’s claims (affirmed by the intermediate court of appeals), Plaintiff […]

The ethics of legal blogging are somewhat hazy. (In the linked post, for example, a lawyer comments on the fact that the ABA appears to hold the position that a lawyer cannot disclose already public facts about a client’s case without the client’s consent.) That being the case and LEVENTHAL pllc having previously represented a […]

Every year since 1894, as we head into coming school year, the United States of America has celebrated American workers. These days, there are persistent, ubiquitous, and dire warnings that their days are numbered. It seems that our jobs are less threatened by low wage off-shore workers, so feared over the past 30-40 years, than […]

Mr. Terrance Davis alleged that he was sexually abused by a priest, Father William Graham, and Mr. Davis brought a lawsuit against Father Graham arising out of the alleged sexual abuse. Not only did Father Graham vigorously deny Mr. Davis’ allegations. He sued Mr. Davis for interfering with his employment with St. Michael’s Parish in […]

Update (August 22, 2019): The other shoe dropped. U.S. Mag. Judge Hildy Bowbeer (D. Minn.) issued an 81-page Report and Recommendation (“R&R”) on multiple motions for sanctions against Defendant Procura. For those civil litigator readers, when your clients wonder why U.S. civil litigation is so expensive, part of your explanation should be that some lawyers […]

Update (August 23, 2019): After three years of litigation, U.S. District Court Judge Eric C. Tostrud (D. Minn.) ruled this week that Plaintiff Elizabeth Shank has no evidence of “deliberate indifference” by Carleton College in dealing with her alleged two rapes and, on that basis, awarded Carleton College summary judgment. The case is sad, to […]

Some years ago, we coined the term “whack-a-mole on steroids” to describe civil litigation. The central point is that trial is often the culmination of 1-2 years of work — sometimes far more, rarely much less. Not 1-2 years of full-time work and focus, after which, one can imagine, a good trial lawyer would retain […]

Update (August 19, 2019): This past week U.S. District Court Judge Patrick J. Schiltz (D. Minn.) weighed in on the somewhat confusing doctrine of good faith and fair dealing in Minnesota in the context of an insurance coverage dispute, a doctrine that we discussed in the original post below. As we discussed in the post […]