An employer may be falsely accused of discrimination by an employee; the employer might have an overwhelming defense on such a claim. But employers sometimes find themselves in hot water for dealing inappropriately with weak or bogus discrimination complaints. It may be understandably difficult for an employer to keep an even keel when an employee, […]
We celebrate Canada Day (July 1) and our nation’s Independence Day under the ominous shadow of state government shutdown this year. Courts will remain open. Other state workers and many who depend on state services are not so lucky. Unrelated to the shutdown, as part of the ordinary course and upgrade/update of the system, […]
Plaintiff sues Defendants A, B, C, and D, settling with C & D. (1) Can A &B seek Plaintiff’s settlement agreements with C & D in discovery from Plaintiff? (2) Can Plaintiff shield the settlement agreements with C & D from discovery as “irrelevant” to Plaintiff’s claims against A & B or by arguing that […]
In a recent decision, the U.S. Supreme Court addressed the constitutionality of state civil contempt proceedings for a parent’s repeated failure to pay child support. The U.S. Constitution has been interpreted to entitle criminal defendants to legal counsel, but what about individuals facing jail time for non-criminal acts, such as failure to pay child support? […]
Update (June 29, 2011): Xcedex sought (and was granted) the relatively uncommon permission to file a reply brief in support of its motion to compel from U.S. Mag. Judge Jeffrey J. Keyes (D. Minn.) because, Xcedex counsel argued, defendant VMWare, in its response to the motion to compel, switched arguments from the laptop owner’s privacy interest […]
C.D.G.D. was born in September 2008. His mother was unmarried and no father was listed on the birth certificate, although the mother recognized Anthony Darst as the father and gave her son Darst’s surname. Subsequent genetic testing confirmed Darst as the father.
It is a fact of modern life that commercial transactions are often documented but actual practices (and expectations) do not match up neatly with the written contract terms. So, for example, a contract might declare that a nominal dollar amount was exchanged “for good and valuable consideration,” a legal formality to ensure that the agreement […]
The New York Times reports the findings of a consultant company (EMSI) that there were over twice as many new members of the Minnesota bar in 2009 (about 900) than there were new lawyer jobs (about 380). This does not count the number of folks who went to law school and did not bother to […]
Minnesota Litigator has tracked this horrifying case for some time now. The latest twist is ADT’s efforts to find out who has been visiting murderer Steven Van Keuren in prison. Tying this sought-after information, whatever it might be, to the claims and defenses in the lawsuit could be an interesting exercise. ADT clearly wants no […]
The “subject line,” above, is an attempt at eye-catching humor. Stealing from clients will STILL be ok after July 1. The “introductory line,” immediately above, is another feeble joke. It is not ok and never has been ok for Minnesota lawyers to steal money from clients (see, for example, Michael S. Margulies). On the other […]