From time to time, Minnesota Litigator strays from its jurisdiction to nearby states and “Minnesota ties” are used as an excuse (like this recent example). A Montana author “with Minnesota ties” represented by counsel from Dorsey & Whitney L.L.P., a law firm “with Minnesota ties” justifies a brief mention of the controversy pending in Montana […]
As nearly all civil litigators across the country know by the end of their first year of law school if not before, “the American rule” means that in most cases litigants/clients pay their own lawyers/litigators, whether they win or lose. The so-called “British rule,” also called, “loser pays,” is thought to to “operate[] as a greater […]
U.S. District Court Judge Joan Ericksen (D. Minn.) has built a bit of a local reputation for strict adherence to 28 U.S.C. § 1332 and admonishing counsel that fail to plead diversity of citizenship correctly (see, for example, here and here). Recently, Judge Ericksen again called out an attorney that “did not properly allege the citizenships of all the […]
Professor Dale Carpenter is a University of Minnesota Law Professor and author of Flagrant Conduct, the story of the landmark decision “Lawrence V. Texas” which decriminalized homosexuality in the United States. He’s recently been on After Words/BookTV, the Diane Rehm Show, spoken at many other venues over the past few months, and his new book has received […]
Governor Dayton’s website this past Friday announced that the Commission on Judicial Selection has recommended the following five candidates for three vacancies on the Hennepin County Bench: Martha Holton Dimick, Hilary Lindell Caligiuri, James Moore, Kathleen Sheehy, and Edward (Ned) Wahl. Governor Dayton will have his work cut out for him to pick from this impressive […]
The facts of Marianne Richardson v. Blue Star Plumbing are sad. In a nutshell, Laddy and Ramona Cusick bought a Big Lake home out of foreclosure, were warned in emphatic terms that there was a danger due to an uncapped natural gas line, but they did nothing, and, when Marianne Richardson was helping move the […]
As reported by MPR, the faculty at William Mitchell College of Law in St. Paul voted today on a resolution to oppose the constitutional amendment that would define marriage as one man and one woman, and prohibit same sex couples from marrying. The vote was 24-7 in a secret vote. “I think the question is whether […]
As previously mentioned, Minnesota Litigator is profiling experienced and interesting Minnesota trial lawyers who may not be widely known by the Minnesota Bar and beyond. We had the opportunity to sit down with Elliot Olsen, partner at Pritzker Olsen, to discuss his path to becoming a lawyer and his nationwide niche practice of litigating foodborne illnesses. […]
Minnesota Litigator is following the ACLU/Facebook/First Amendment lawsuit against the Minnewaska School District noted earlier last month (along with the sister case of Amanda Tatro). Monitoring the case, it was surprising to see a “Notice of Intent To file an Answer,” by defendants when they brought a motion to dismiss.
A “bellwether” is the leading sheep of a flock, with a bell on its neck. It is supposed to lead the way for the following sheep. But what if two bellwethers head in opposite directions? Johnson & Johnson has faced two “bellwether” lawsuits to determine whether the pharmaceutical should be liable for ruptured achilles’ tendons […]