We are not well-suited to remedy lawyer shortages when struck by a flu pandemic, earthquake, catastrophic flood, or terrorist attack and many states (and now Minnesota) have considered or are considering measures in advance of such potentially chaotic times. It’s a “Good Samaritan Law” variation for out-of-state lawyers, you might say. Many see the idea […]
Last October, this blog predicted a win for MERS (Mortgage Electronic Registration System) and yesterday, the Minnesota Supreme Court continued this blog’s “undefeated” record in the risky world of making predictions on the outcomes of pending cases. In short, in a 6-1 decision (Page, J., dissenting), the Minnesota Supreme Court held that “transfers of the […]
When bringing a whistleblower claim — that is, when bringing a lawsuit claiming wrongful termination for “blowing the whistle” — employees and their counsel must take care and be sure that the whistle-blowing related to a violation of law (“or rule adopted pursuant to law” — i.e., a government regulation). In the Kratzer case decided […]
We have all seen the promotions — a free box of steak if you get your windshield replaced at a particular vendor. Here’s the legal backdrop giving rise to the box of steaks: Minnesota law requires auto insurance. Minnesota law requires that auto insurers cover windshield replacement. Minnesota law provides that insureds are allowed to […]
The result is no surprise to anyone. At its essence, Coleman’s argument was, “Because some absentee votes were improperly counted (accidentally), all improperly completed ballots should be counted (on purpose)….”
A lawyer defending a deposition is well-advised to get it squared away, in advance, as to whether the deponent is a client. It bodes ill for an attorney-client privilege claim when the “client” has denied under oath that she is represented by the attorney. Under such circumstances, it should come as no great surprise that […]
The Minnesota Supreme Court released its opinion today holding that Instant Runoff Voting as adopted in Minneapolis is not facially invalid under the United States or Minnesota Constitution.
A guest at a house along with his parents, a three year-old child climbed on an unsecured empty bookcase, which fell on him and caused serious injuries. The Minnesota Supreme Court affirmed the Minnesota Court of Appeals affirmance of the trial court’s grant of summary judgment in favor of the land-owner/defendants. The courts all held, […]
The Minnesota Supreme Court: “We are persuaded by the reasoning of the Wisconsin Supreme Court and the trend of other courts in concluding that trademark infringement falls within the plain and ordinary meaning of ‘infringement of title.’” [Editorial aside: isn’t “plain and ordinary meaning of ‘infringement of title’” either a paradox or an oxymoron?] The […]
The Minnesota Lawyer highlights Kidwell v. Sybaritic, Inc., a case now pending before the Minnesota Supreme Court, addressing the question of whether an in-house lawyer may avail himself of the state whistle-blower statute.