Regular readers of Minnesota Litigator may recall past episodes of “Tales from the Trenches,” in which I do not really publish “news and commentary about Minnesota civil litigation,” which happens to be Minnesota Litigator’s “mission statement.” No, if you look at the string of “Tales from the Trenches” posts, I think it might be more accurate to […]
One of the reasons that public entities are less efficient than private entities is that you, me, and your crazy Uncle _______ might not be part owners of private entities, but we are part owners of the our state and federal governments (and their many subdivisions). We have a say. The government is “of the […]
Recently, Minnesota Litigator touched on the spotty ethical record of Mr. Marc G. Kurzman. Note that he received an admonition in 1996 “for, on two separate occasions, communicating with a court in writing without delivering a copy of the writing to opposing counsel.” Lawyers call this improper “ex parte” communication. Meanwhile, in another recent post, […]
If you do not know the answer to the question in the title of this post, see Betteridge’s Law. Also, shame on you. You are a bigot and you are unamerican. We are a nation built on religious tolerance. Whatever opinions you might hold as to any religious faith, our country has never been and […]
Make up an “emergency” and launch the costly and stressful exercise of seeking emergency relief that is dead on arrival. (This is not all that uncommon, unfortunately.) If you are not already reading DuetsBlog and you are interested in the best IP/trademark blog in Minnesota (and beyond) by far, you are missing out. Check out […]
The extraordinary cost and burden of discovery of ESI in U.S. litigation has been widely recognized and decried for the past 15 years or more. This is changing. And about a year ago, I did a post on how trial lawyers’ “idiots’ bargain” created an equilibrium, a balance, or a moratorium of sorts, in which lawyers on […]
Update (August 28, 2014): I guess we’ll see what the U.S. Court of Appeals for the Eighth Circuit has to say… Original post (July 31, 2014): Apparently not. United States Court Judge Susan R. Nelson (D. Minn.) has thrown out a putative class action against a lock manufacturer who, it is alleged, has made and […]
Update (August 28, 2014): The Rohloff complaint, discussed below, bears a resemblance to the LaCouture complaint from several months earlier filed by different law firms on behalf of different former NHL players. They are an interesting study in different styles. (Lots of pictures in the LaCouture complaint, for example.) The point both lawsuits make is the same: […]
Earlier this week, I posted notes from a lunch that I had with retired U.S. District Court Judge James M. Rosenbaum. We had the following (admittedly truncated) exchange: Do you think lawyers, then, can predict outcomes to their clients? I am frustrated because clients want certainty and the process is extremely uncertain… I do not […]
If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained. BigLaw: I am talking to you. Recently, I […]