Updated post (February 27, 2015): As they were not too long ago in the post below, Bassford Remele lawyers got schooled again this week on the forum defendant rule, this time as counsel for defendant Ear, Nose and Throat SpecialtyCare of Minnesota, P.A…. Better them than you, right? Don’t forget the forum defendant rule. Original post (January 28, 2015): Citizens […]
Lawyer ethics are implicated in blogging. For starters, there is, of course, the lawyer’s obligation of confidentiality (Minn. R. Prof. Cond. 1.4). Also, in my opinion, ethical rules regarding conflicts of interest may be implicated. Minn. R. Prof. Cond. 1.8, for example, provides, “A lawyer shall not use information relating to representation of a client to […]
An owner of a liquor store and owner of the property, the real estate, on which the liquor store sat, hired a broker to help with the sale of the store and the real estate. The broker helped put together a deal where the buyer bought the store and got an option to buy the […]
Update (February 24, 2015): I note that the railroad filed its notice of appeal this month of the lengthy battle that I have covered for nearly two years now. Update (January 21, 2015): Your heart can basically stop or explode without warning while you’re driving (justifying a defense of “sudden incapacitation”). So found the jury […]
Update (February 23, 201): Imagine some scenarios: (1) You own “cabins” in Colorado, you sell “one-week stays” to others, and you sell 200 “one-week stays” in your “cabins” although you only have 100 one-week slots; or (2) You do not own any cabins in Colorado, you nevertheless sell “one-week stays” to others, and you sell 200 “one-week […]
Update (February 20, 2015): In the ethics matter, described below, the Minnesota Supreme Court has stepped in and increased the discipline meted out to Attorney Larry Severson, with two Minnesota Supreme Court justices dissenting (Anderson, J., and Gildea, J.) The referee for the Board of Professional Responsibility petition for discipline had recommended a 90-day suspension. […]
On October 1, 1939, Winston Churchill had this to say about Russia: “I cannot forecast to you the action of Russia. It is a riddle wrapped in a mystery inside an enigma.” It seems so funny now in 2015 because Russia’s conduct these days is whatever a deranged corrupt autocrat named Vladimir Putin wants so […]
Phil lives and works in Texas. Hunt lives and works in Minnesota. Phil hired Hunt to perform some work. Hunt performed the work. Phil did not pay Hunt. Hunt sued Phil in Minnesota. Where did the alleged “wrongful act or omission” take place? Say again? The wrongful omission did not take place, right? The wrong was […]
The most famous description of what a “fiduciary duty” is might come from the florid pen of New York Judge (and later U.S. Supreme Court Justice) Benjamin Cardozo who wrote about it in the case of Meinhard v. Salmon: Joint adventurers, like copartners, owe to one another, while the enterprise continues, the duty of the finest loyalty…A […]
Minneapolis lawyers at Barnes & Thornburg represented 3M in a lawsuit against Moldex in 2012 in which 3M took the position that Moldex’s “BattlePlug” earplugs infringed on 3M patents that it uses in 3M’s Combat Arms earplugs. The case was before U.S. District Court Judge Joan N. Ericksen (D. Minn.). (The pictured earplugs are neither […]