Hypothetical: adversary in litigation asks for your client’s “ESI” (electronically stored information) related to the lawsuit and proposes that certain search terms be run on your client’s computer systems. Your client tells you that it has already given you all responsive documents in hard copy so that any such searches would likely be duplicative. Relying […]
The Associated Press reports today that the EEOC has fined Target $2.8 million for employment discrimination. The EEOC says three employment assessments formerly used by the Minneapolis-based retailer disproportionately screened out applicants for professional positions based on race and gender. It says the tests were not sufficiently job-related. The EEOC also says an assessment that […]
Minnesota Litigator strays from its mission statement of “News and Commentary about Minnesota Civil Litigation” rarely, but it does from time to time. Rarer still, I wade into culture wars or ideological battles that tear our country into pieces. But sometimes a Minnesota court decision might tempt me into these depths and, without further adieux, adieu. […]
In our court systems, there are many interesting distinctions between what trial courts do and what courts of appeals do. Three come immediately to my mind: (1) at the trial court, there is generally one decision-maker for any particular decision while, on appeals, there are generally three judges deciding the legal issues in a particular case; […]
Brian McMahon was a lawyer at the Minneapolis law firm of Gray Plant Mooty some years ago and he went on to a successful solo business litigator practice in St. Paul for several years. Now he is the one-man Minneapolis office of the biggest lawyer/law firm recruiter around, Major Lindsey & Africa. Brian has advice for Minnesota […]
Minnesota Litigator was recently honored with the privilege of an interview with former Hennepin County Chief Judge Kevin Burke. The executive summary: Judge Burke’s passion, humility, and thoughtfulness are inspiring. Minnesota’s judicial system owes him quite a lot. ML: What are you up to these days? JB: In May of 2014 I spoke at Monash […]
Updated post (August 13, 2015): Below I noted an arbitration win for MJ Solutions GmbH against Arkwright Advanced Coating, a case of Winthrop & Weinstine lawyer, Dave Davenport. Davenport’s adversary, counsel for Arkwright Advanced Coating recently went back to U.S. District Court (Sr. Judge David S. Doty (D. Minn.)) in the hopes of undoing the damage. They […]
The recent somewhat lengthy decision by U.S. District Court Judge Donovan W. Frank (D. Minn.) in Olson v. Wells Fargo makes for an excruciating read for those sympathetic to homeowners who lost their homes in the “mortgage meltdown economic collapse” era of 2005-2010. And it is also a devastating read for those sympathetic to homeowners’ lawyers during […]
Update (August 12, 2015): Time for the Butler to say “bye for now.” I learned recently that Mr. Butler does have at least one defender. I received the message, below, just this past week from a Minnesota lawyer: Bill Butler is being run into the ground professionally for arguing that a mortgage cannot be foreclosed unless […]
Update (August 11, 2015): The issue in U.S. District Court Judge Tunheim’s order (D. Minn.), in a nutshell, concerns the many moving parts of large civil works projects and related issues of sequencing or timing. Specifically, how far can one go moving forward with the project before an environmental assessment is done? There is a risk that […]