We’ve recently come across a chilling Sundance TV series, “Rectify,” about a person exonerated after a twenty-year stint on death row (starring Aden Young). The series’ portrayal of the hardship of prison is heart-rending. Safety and security are fleeting. Paradoxically privacy is non-existent and total isolation is nearly constant. The burden on the human mind […]
Update (January 5, 2017): The Court (U.S. District Court Judge Susan R. Nelson (D. Minn.)) has postponed the hearing on summary judgment in the Rumble v. Fairview case described below in light of the recent development of an injunction issuing from a federal court in Texas (link below at bottom of original post). Linked here, […]
Minnesota lawyer, John F. Bonner, III, has had a very rough time in recent years. He has obviously been strapped for cash. This might have played a part in his bringing a lawsuit against longstanding clients of his now defunct law firm, Bonner & Borhart, Mark Lanterman and Computer Forensic Services, Inc. (“CFS”) for allegedly […]
It’s a New Year! The election of Donald J. Trump as the President of the United States might make the coming years some of the most perilous faced in our country’s history. With a fickle, impulsive, vindictive, insulated, and inexperienced President, we face great risk on both domestic and international fronts. There remain, of course, […]
Minnesota Litigator spoke recently with Eric Nilsson, a Minnesota lawyer 35 years of experience in bank-related law. (For Eric’s contact information, click here.) Most recently, he’s taken on a highly specialized and extraordinarily complicated task, the reconciliation of U.S. commercial lending law and Sharia-compliant financial transactions for Muslim clients. As he discusses, he has found […]
Financially, it has not been a great year for the law firm of LEVENTHAL pllc, notwithstanding significant wins for several clients — an arbitration with a 100% recovery (plus an award and recovery of 100% of the client’s attorneys’ fees), disputes resolved by a single carefully written letter, lawsuits stopped dead in their tracks on a […]
A company (that we’ll call “Borrower”) borrowed $7.5 million from a lender and offered a piece of commercial real property as collateral (commonly known as a mortgage). Borrower defaulted on its payments under the loan agreement. At that point, Borrower and bank entered into a “written pre-negotiation agreement, in which [B]orrower agreed to, among other […]
Update (December 19, 2016): The Minnesota punitive damages statute provides: (a) Punitive damages shall be allowed in civil actions only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others. (b) A defendant has acted with deliberate disregard for the rights or safety of […]
Sometimes when someone sues another for an injury, the injury is on-going at the time of trial. Medical treatment and costs can persist through the lawsuit and for the rest of the life of the injured person. This injects inherent uncertainty into the important question of compensating victims. How is a jury to figure out […]
Last week, Minnesota Litigator posted on a recent class action filed against Walden University and Laureate Education, not holding back our condemnation of those who exploit the critical importance of higher education in our 21st century economy, those who fleece consumers with hyped, over-priced, and possibly useless products. Minnesota School of Business (MSB) might also belong in […]