The U.S. Supreme Court granted a petition for writ of certiorari (that is, they agreed to hear an appal) in the case of Magner v. Gallagher, a case concerning a claim of disparate impact in the context of the federal Fair Housing Act.  The case was originally brought before Chief Judge Michael J. Davis, U.S. […]

A new ruling by the Colorado Supreme Court has removed attorney-client privilege previously existing in that state between guardians ad litem and the children they represent.  In so ruling, the court found that the role of the guardian ad litem (“GAL”) is to assist the court in acting in the best interests of the child even if […]

Update #2 (November 5, 2011):  This past week the Minnesota Supreme Court affirmed the Court of Appeals in the case described below.  Sure enough, under the facts of the Domagala case, there is “no duty to warn” but there is a “duty to exercise reasonable care,” which can be met by giving someone a warning […]

Update:  (1) A recent U.S. District Court decision (Judge Ann D. Montgomery (D. Minn.)) surveys recent decisions on whether claims under state law are “preempted” by the recent federal law which was intended to alleviate some of the hardship of our current housing/home ownership implosion; (2) Some readers have commented to Minnesota Litigator that our […]

Most parents know that eating too much isn’t healthy and at least some attempt to instill good eating habits in their children.  But what happens when, for one reason or another, children become overweight.  If you are divorcing, potentially a lot.

First noted by Minnesota Litigator this morning on KXnet.com,  North Dakota is heading to U.S. District Court for the District of Minnesota to redress a perceived wrong of Minnesota’s statute that “harms the lignite industry,” to quote KXnet.com (which apparently deserves constitutional protection). In one of those ironies analogous to “out of the mouths of […]

A lawyer cannot competently represent two people in the same case when the two people have adverse interests for the same reason why the world never saw heavy-weight boxing champion Cassius Clay take on the greatest boxer of all time, Muhammed Ali.  If he had won, he would have lost.  If he had lost, he would have […]

In custody disputes, the focus is on the “best interests” of the child.  Because there are few possible outcomes to the dispute (short of terminating the parental rights of one or both parents), the standard sometimes seems more like the “least bad interests.”

Does Alamo® (propiconazole) to “prevent” fatal oak wilt fungal infection?  No.  It cannot prevent root graft transmission of oak wilt, which is by far the most common source of oak wilt.  Can it cure oak wilt?  No. It cannot.  At best, it might delay the fatal course for some indefinite period of time (a year […]

Update (October 28, 2011):  Rob Shainess’ Turfwars, commentary on legal battles concerning real state in Minnesota and beyond, notes that the Minnesota Supreme Court has granted a petition to review the Minnesota Court of Appeals’ reversal, noted below. Original Post (July 26, 2011):  Oluf and Debra Johnson’s organic farm produce was apparently rendered ineligible for […]