The Judge ruled against the motion in limine you brought before trial. You didn’t raise that in a new trial motion. May you challenge the ruling on appeal? In Bhakta, the Minnesota Court of Appeals said, “no.” The Minnesota Supreme Court disagreed. In a new decision in the case, the Minnesota Supreme Court said, […]
Writs of certiorari are an important part of the appellate toolbox. Writs of certiorari are their own kind of appeal, and they are not well understood by Minnesota litigators. Certiorari matters are not like the usual civil case that starts in the district court and then proceeds to the appellate courts. These matters instead start […]
The latest from the Minnesota Supreme Court: New amendments to the rules of civil appellate procedure were just adopted. As it happens, the amendments were mostly technical. The amendments correct some inconsistencies in the rules and fine-tune them. A couple of the amendments are worth some special attention. Rule 128.03 now clarifies how parties […]
Update: All appellate filings must be filed electronically effective July 1, 2016. Paper copies of briefs must also be filed. The number of paper briefs to be filed is set by standing orders issued by the Courts. The number of paper copies of briefs filed in the Minnesota Supreme Court has now been reduced. […]
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 […]
Next week, the United States Supreme Court will hear arguments challenging the Patient Protection and Affordable Care Act, and a Minnesota business has submitted an amicus “friend of the court” brief attempting to inform and sway the Court’s decision on the most divisive issue. Employer Solution Staffing Group (ESSG), a temporary employment staffing company based in Edina, has submitted […]
Common hypothetical: one has a lawsuit against multiple defendants, one of whom is the “deep pocket” or most likely source of recovery. That defendant moves for judgment as a matter of law and wins (on a summary judgment motion, for example). Plaintiffs, defendants, and even the trial court might all agree that plaintiffs’ case is […]
The Minnesota Litigator blog strays from Minnesota and Eighth Circuit jurisprudence to touch on subject matter of interest to the few and the proud who care about appellate procedure — a recent decision from the U.S. Court of Appeals for the Seventh Circuit. Non-profits, trade groups, and others interested in appellate decisions with far-reaching implications […]