“Under Minnesota law, every contract includes an implied covenant of good faith and fair dealing” (emphasis added). But under Minnesota law, just what is “an implied covenant of good faith and fair dealing”? What are we agreeing to impliedly??? It’s another trick question brought to you by Minnesota Litigator! Could it be that every contract governed by Minnesota law […]
In Ancient Rome and other cultures, suicide was regarded as a rational choice in the face of dishonor. Only three candidates were barred from exercising this choice in Ancient Rome: those accused of capital crimes, soldiers, and slaves. The reason behind all three was that the state determined it was uneconomic to let these people choose to die. As for accused […]
Update (July 24, 2014): Target’s voyage to recoup money in connection with its nation-wide parking lot maintenance arrangement has been a two-year bumpy ride, as set out in the string of earlier posts below. Target brought the action originally on August 3, 2012. Now what is left of Target’s lawsuit is scheduled to go to trial on […]
Suing lawyers for professional malpractice is a double-edged sword. It cuts both ways. I know. I do it. On the one hand, lawyers who sue lawyers probably face less malpractice risk in those cases than almost any other lawyers in other kinds of cases. In light of the fact that successful legal malpractice cases can be very difficult to bring (requiring the […]
Update (July 22, 2014): The case heads to the jury… Update (March 21, 2014): Chalk a “win” up on the Minnesota Litigator prediction tally! (See the prediction below and the linked denial of summary judgment for the defendant.) (On second thought, let’s not keep a tally of my predictions and only highlight the ones where […]
I am a one-lawyer law firm and I have had four trials over the past four years. Fortunately, I have had co-counsel for all of them. (We didn’t win every trial but I have gone three for four including a $10,000,000 jury verdict.) Only a fool goes into trial by choice without someone protecting his or her backside. Minnesota solo lawyers […]
Here are some things to know about the new Minnesota appellate rules that went into effect July 1. No certified copy of the judgment or order you are appealing is required with the notice of appeal. (But an uncertified copy must be included.) You need to file a paper copy of your […]
One of the most widely noted and discussed Eighth Circuit decision over the past year or so (among my odd constellation of friends, colleagues, and countrypeople) was the Gilster v. Primebank decision where the Eighth Circuit warned lawyers not to “depart from the path of legitimate argument” in closing argument at the risk of getting […]
Regular Minnesota Litigator readers have been drawn into following many lawsuits in state and federal court in Minnesota. These forays into fracases shed light on Minnesota laws, federal laws, our justice system(s), and also, of course, unique and personal aspects of particular cases. Do you ever get attached to a particular tale? Maybe once in […]
Update (July 16, 2014): When, over several months, you have “at least 7 experts” declining to take your case and an eighth expert unexpectedly quits three business days before your expert report deadline (and one week after you retained him), you might want to give some serious thought as to what this might reflect as to the merits of […]