It’s here. Appellate e-filing in Minnesota. Attorneys may now e-file and e-serve briefs as long as the other side is represented by an attorney admitted in Minnesota. Before being allowed to e-file, you must have taken (and passed!) a quiz provided by the court. The purpose of the quiz is to ensure that filers have […]
Market pressures can push lawyers (like all people) out past their sure-footed core competencies onto thin ice and for several years now, market pressures for U.S. lawyers have been more intense than ever been before. No surprise, then, that there has been a concurrent up-tick in alleged professional negligence and attorney wrong-doing. Sometimes lawyers’ errors mean meritorious plaintiffs are unsuccessful. Sometimes, […]
Time to remember and celebrate those who have sacrificed so much so that we could be here. And time for R&R. Happy Memorial Day and no new posts until Tuesday, May 26.
Imagine Grandma thrown into the slammer (or maybe merely fined) for selling her wicked good home-made chowder at her garage sale. Give her one warning and, if she does not repent and mend her ways, then it’s off to Shakopee? Most of us would find this to be grotesque, over-reaching, state intervention into a relatively innocuous interaction. […]
Hopkins buys Lot 3, which has an easement across Apitz’s property, Lot 2, so Hopkins can access the “ROAD.” Hopkins fences off the easement over Apitz’s property and, essentially, bars Apitz’s access to part of Apitz’s own property (the part over which Hopkins has an easement). (The diagram above is illustrational. I have no idea where […]
Cases of claimed egregious mismatches between proposed expert testimony, the appropriate subjects to be argued and decided in a lawsuit, and proposed intended expert witnesses are endemic in our legal system. Of course, you’ve got your quacks — the pretend experts. Excluding them is relatively uncontroversial (although we will not all agree about certain disciplines and whether experts in […]
Update (May 14, 2015): The battling Hogenson brothers, as noted below in the original post, have treated Minnesota litigators with legal decisions for some years now. Yet another decision this week reflects their inadvertently generous fraternal strife. Minnesota Litigator has discussed the mushy Minnesota law of unjust enrichment before. In the latest Hogenson kerfuffle the Hennepin […]
I understand from an avid football fan that I talked to over the weekend that many fans are disappointed with the Ted Wells’/Paul Weiss Rifkind Wharton & Garrison LLP Report on footballs used during the January 18, 2015 AFC Championship Game. Apparently, they are disappointed that the Wells Report is 243 pages long but it […]
May 11, 2015 Update: Special Master and retired Hennepin County District Court judge, Robert Lynn, has answered the question in the headline: The issue presented is whether communications between a non-client third party representing an individual client and counsel can ever be protected by the attorney-client privilege or the work product doctrine so as to […]
Update (May 7, 2015): It took 7 hours and 50 minutes of settlement conference but, in the end, sweet surrender… Original post (April 9, 2015) (under headline: “Still more on slow death by civil litigation…”): You do not have the time to read the sad history of United States Sugars Corporation v. U.S. Sugar Co. (“Sugars v. Sugar”?) […]