Have a look at an older post we did about designating individuals to sit for depositions as the representative(s) of a business entity (whether a corporation, partnership, or other kind of business entity). It’s kind of important. As tempting as it might be to designate witnesses like these three chimps, pictured above, who heard nothing, […]
A contract is unconscionable if it is “such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other.” In re Estate of Hoffbeck, 415 N.W.2d 447, 449 (Minn. App. 1987), review denied (Minn. Jan. 28, 1988) (quoting Hume v. United States, […]
Update (July 12, 2019): We’re not optimistic for Plaintiff B. Riley FBR Inc. (“Riley”), the subject in the post below, in its latest effort to get paid on a mining deal that failed. Riley now brings a fraud claim against Defendant Thomas Clarke, personally, the C.E.O. of a mining operation, when Riley’s real target would […]
Today is apparently the day in which Minnesota Litigator covers unseen lapses which, over time, result in big bad consequences. Regular Minnesota Litigator readers will remember the ladder lawsuit between Wing Industries and Tricam (see earlier posts here and here). For those of you unfamiliar with the earlier posts, they concerned the ladder label, below, […]
Civil litigation generally spans about a year in Minnesota courts, with larger cases often stretching an additional year (or two) (or, in rare cases stretching many more years). Work on a particular case is almost always in fits and starts, with flurries of activity followed by fallow periods (awaiting a court ruling on a motion, […]
Update (July 9, 2019): Stay tuned for Plaintiff’s counsel’s fee petition “in the approximate amount of $1,080,000.00” (and counting). Update (June 21, 2019) (under the headline: A June 10, 2019 DPPA Jury Trial?): The verdict is in and it is $585,000 for 74 Drivers Privacy Protect Act (DPPA) violations. Original post (May 29, 2019): LEVENTHAL […]
What limits do the constitutional guarantees of due process, effective assistance of counsel, and freedom from unreasonable searches and seizures, impose on a search and seizure of an attorney’s files when the government accuses the attorney of criminality? This is how the question was posed by lawyers representing “John Doe” clients of Minnesota criminal defense […]
Update (July 5, 2019): Another U.S. District Court Judge (D. Minn.) (Hon. Donovan W. Frank) weighs in on the subject of the post, below. Update (May 3, 2018): (Maybe a lawyer’s right to speak to jurors (or, more precisely, a judge’s prohibition on a lawyer’s right to talk to jurors?) implicates the First Amendment?) Recent discussion […]
Update (June 28, 2019): The Minnesota Supreme Court has spoken on the case discussed below. The quick background: Defamation defendant Jorud holds herself out as a victim of domestic abuse. Someplace Safe, a non-profit set up to fight this widely recognized social ill, quoted and recognized Ms. Jorud with a “Survivor Award” at a fund-raising […]
Last week, the Minnesota Supreme Court adopted some amendments to court rules that will make our lives as lawyers easier! New deadlines The amendments set new deadlines for many court filings. And, the amendments will make it easier to figure out deadlines for court filings. The amended rules adopt a 28 – 21 – 14 […]