Defendant sells “debt securities” promising payouts which are not forth-coming. Plaintiffs sue. Defendant fails to mount a defense, merely serving an answer to the complaint and then surrendering. Plaintiffs win the case with an unopposed motion for summary judgment. I wonder how plaintiffs managed to incur $165,535 in legal fees and costs in a case where there […]
A Minnesota jury convicted Brian Lee Flowers for the 2008 murders of Katricia Daniels and her 10-year old son, Robert Shepard. Flowers was 16 years old at the time of the murders and he was sentenced to life imprisonment without possibility of parole. It is very common for me to see the denial of habeas […]
Jim Behrenbrinker (previously profiled here) barely survived a motion for summary judgment in an icy slip’n’fall case on appeal in a split decision of a panel of the Minnesota Court of Appeals. (I am guessing Behrenbrinker’s of Dutch origin and the Dutch have a long history of ice appreciation.) After the jump you will find an earlier Minnesota […]
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From time to time, businesses need money and banks lend it to them. From time to time, businesses need more money and more banks lend them more money. And, from time to time, businesses cannot repay the money they borrowed from the banks (and others). After that, there can be wheeling and dealing, horse-trading, begging, accommodations, extensions, […]
In Minnesota, people can call other people “insane” or “mentally ill” and this, if false, would not necessarily be defamatory because it cannot be proven true or false. It is “rhetorical hyperbole” as a matter of law? Really? Dr. Vibhu Kapoor began working as a radiologist at Medical Scanning Consultants, which provides radiology services to the Center […]
Update (April 23, 2014): A business (BancInsure) promised to indemnify another business (Avon State Bank), breached the promise, forcing Avon to sue BancInsure. Avon cannot recover its legal fees in its action to get BancInsure to indemnify it. Might not make sense. But the law is the law. Too bad for Avon State Bank. […]
As the legal profession in the United States and so many areas of our economy experience change and disruption the likes of which it has not seen for 50 years (if not 100 years), lawyers are a dwindling species and we must sit and watch as many of our peers cannot find jobs, as others take sharp pay cuts, as […]
After the jump, I discuss another recent example why I have a rule of never going to trial by myself from the case of Ewald v. Royal Norwegian Embassy. I have previously analogized trial to “‘whac-a-mole’ on steroids,” by which I mean that trial lawyers face literally simultaneous demands (e.g., listen to witness testifying, prepare […]
gastonette. (1988) A dilatory “dance” in which each of two responsible parties waits until the other party acts–so that the delay seems interminable; esp., a standoff occurring when two courts simultaneously hear related claims arising from the same bases and delay acting while each court waits for the other to act first. The term was coined by Judge Jon O. […]