I recently posted about a weak employment case in which the plaintiff, Mr. Schaefer, unsuccessfully argued that the horse-play at work, which included kicking and hitting fellow employees in the groin, constituted “sexual abuse,” warranting a longer statute of limitation (six years) than Minnesotans get for the intentional tort of battery (two years). Only a […]
Update (11/21/2016): As predicted, below. One of my less impressive predictions, imio (“in my immodest opinion”). Update (January 7, 2016): Immediately below nearly a month ago, I wondered, “And will the fool’s errand go still further with an appeal?” We now know the answer as of today: Yes. I wish the best of luck to appellant […]
Update (November 16, 2016): Unlike the Minnesota Supreme Court’s decision discussed below, drawing a sharp distinction between “discovery depositions” and “depositions to preserve trial testimony,” the linked decision in the Sorin v. St. Jude lawsuit (discussed previously here) makes clear that “there is no difference between discovery depositions and deposition for use at trial” as far […]
The Minnesota Board of Professional Responsibility is looking for an experienced lawyer (at least 10 years’ experience – must include civil litigation or prosecution experience). Deadline tomorrow! https://goo.gl/gIo45y
Updated post (November 14, 2016): Plaintiff Bubble Pony hopes for a more receptive audience before Sr. U.S. District Court Judge David S. Doty (D. Minn.) than BP got before U.S. Mag. Judge Franklin L. Noel on BP’s second motion to amend its complaint. As discussed below, Plaintiff BP (Mr. Patrick Glynn), a digital game programmer, exchanged […]
The world’s largest legal search firm, Major Lindsey & Africa, has published its 2016 Compensation Report (linked here) and it is generally good news for large firm lawyers. And good news for these lawyers means good news for all lawyers in private practice. Average compensation for all respondents was reported as $877,000, up 22% from […]
No. Kicking a man in the testicles is not “sexual abuse,” as the term is used in Minn. Stat. 541.073 (“Actions for Damages Due to Sexual Abuse”) according to the Minnesota Court of Appeals in an unpublished decision this week. Therefore, the court held, Plaintiff Mark Schaefer’s claim against his past employer for the crotch kick he […]
Sylabus [sic] When the business entities that were utilized in a Ponzi scheme filed for bankruptcy, a plaintiff lender-investor lacks authority to bring fraud-related claims arising out of the Ponzi scheme against an earlier lender-investor, absent an allegation of an injury separate and distinct from an injury suffered by the entities. Such fraud-related cause of action [sic] is derivative […]
Danna Back dated someone on and off for several years who, in judicial opinons, goes by the name of “D.H.” Back and D.H.’s was a rocky relationship and in 2006 Back moved out of the house that they co-owned and shared. Then Ms. Back started dating Nick Super who appears to have toxically combined anger management issues […]
Personal jurisdiction jurisprudence in the 21st century is something of a pet peeve of mine (most recent post here (linking to still more posts)). To decide whether they can impose jurisdiction over a party, courts analyze whether the party could “reasonably foresee” being “haled” into a court within the jurisdiction. My most recent post on the […]