This blog has closely followed  the saga of Amber Engquist, the 9-year old who was attacked by her friend’s black lab. Amber had reached out to hug Bruno.  When Bruno growled, Amber backed away.  That’s when Bruno attacked. As Amber’s case wound its way through Minnesota’s court system, the same question has persisted: Did Amber provoke the dog? […]

The 8th Circuit recently issued a major ruling in a significant class action race discrimination lawsuit in Bennett v. Nucor Corp.   Nucor is a large steel manufacturer with a production plant in Blytheville, Arkansas.  The plaintiffs initiated race discrimination claims against the company in 2003.   After the district court denied the plaintiffs’ motion for class certification […]

The rise of same-sex marriage, domestic partnerships, and civil unions in various states (and prohibitions thereon in others) has led to confusion about a number of issues, not the least of which is taxes.  

The Minnesota General Rules of Practice, promulgated by the Minnesota Supreme Court, set out rules for “withdrawal of counsel.”  Rule 105.  A trend has been noted of late, however, where Minnesota trial court judges impose more restrictive rules for withdrawal in the court scheduling orders, which has the result of causing some lawyers to be stuck […]

Update (September 20, 2011):  Near the height of the apple season, clearly apple growers have better things to do than litigate. Update (Feburary 8, 2011):Minnesota Litigator appears back on track with a successful litigation prediction this time around.  

Essentially thoughtless statements like, “It is too long settled and acknowledged as true to be open to serious dispute…” define “orthodoxy.”  (See, e.g., Galileo re heliocentrism.  (Beliefs do not become truths merely by growing old or by consensus.)) What are some orthodoxies in current U.S. litigation? One is that plaintiffs want to avoid arbitration whenever […]

There are those who cherish the jury system and then those who think it is ruinous to a well-run society.  Few, if any, however, and certainly no trial lawyers, doubt the hard work and sincere dedication that jurors in the United States almost always bring to every case.  People generally take their duties as jurors […]

This legal battle has to be seen to be believed.  Attorney Steven Uhr’s lawsuit alleging a huge nationwide antitrust conspiracy to eliminate “Happy Hour” drink specials by the “hospitality industry” under cover of public health efforts of the University of Minnesota and several other large educational institutions gets tossed out of court.  U.S. District Court […]

Were you sold a flare root injection regimen for a treasured oak or multiple oaks on your property to prevent oak wilt disease, only to have your tree die from oak wilt notwithstanding the hundreds of dollars (or more) spent on flare root injection?

Roger Potter, a 63 year-old pizza deliveryman in Crookston, Minnesota (until recently) appears to have been taunted by a 22-year old colleague and, in response, Potter poked the antagonist in the ribs as he walked past him. That one poke was sufficient employee misconduct to deprive Potter of unemployment benefits, the DEED held (Department of […]