In November, 2006, Kathleen Mayer borrowed $160,000 from the bank secured by a mortgage on her home, getting $141,000 “cash out” on the refi and then defaulted on the loan less than 6 months later. Foreclosure came and went; the homeowner (her lawyer, really) waited until the very last day in the six-month redemption period […]
Businesses that prey upon those who are most down on their luck, those who have little or no money, have taken a very different approach than Slick Willie Sutton, famed bank robber who explained that he robbed banks because “that’s where the money is.” Consumer debtors, desperate, vulnerable, and at least sometimes unsophisticated, are afforded […]
Minnesota Litigator’s focus is on news and developments of civil litigation in Minnesota state and federal courts, with intermittent breaks to touch on related subject matters. When Aaron Biber, a prominent Twin Cities civil litigator is suddenly a prominent criminal defendant, a detour seems warranted. Hennepin County Judge Lloyd Zimmerman, over objections from the prosecutor, […]
Before getting to the main event, today’s speech by U.S. Senator Al Franken (D.), a brief note promoting the Federal Bar Association, Minnesota Chapter. Apparently, it is the second largest chapter nationwide (!) after New Orleans (!!) with memberships of 809 and 1,113 respectively. There is a 2010 “Chapter Challenge” by the national parent organization, […]
The ramifications of the U.S. Supreme Court’s Citizens United v. Federal Election Commission have been discussed a great deal over the past several weeks (for example, here), having been finally decided on 1/21/10. And it has not taken long for the case to make its initial splash into Minnesota election law. Today, the Minnesota Chamber […]
“Enormous Changes at the Last Minute” is the title of a collection of superb short stories by Grace Paley. Reversals in litigation often bring the title to mind. Granted, in litigation, very little comes down to a matter of minutes (with exceptions from time to time), but the point is that litigation can be “flipped” […]
The Minnesota Lawyer’s MinnLawyer blog covers and links to Chief Judge Eric Magnuson’s “disappointed” reaction to proposed cuts to Minnesota’s judiciary. The proposed cuts and their likely impact are severe. The Governor and Chief Judge overlapped at the now-defunct Rider Bennett law firm and Judge Magnuson owes his current job to Governor Pawlenty. But shared […]
Previously covered here (including Roederer Trial Brief), the bell for Round #1 has rung in this intoxicating clash between top-of-the-line Cristal Champagne and bargain-basket Cristalino cava sparkling wine in a trademark fight filed in January, 2006 — a bench trial before U.S. District Court Judge Joan N. Ericksen that started earlier this week. “Motions in […]
Bankruptcy is a means by which people and businesses can get a “fresh start” when they cannot otherwise escape their debts. What they generally seek is “discharge” of their debts. Not all debts are dischargeable, however. Moreover, under certain circumstances, a debtor may choose to waive his right to discharge of debt if, for example, […]
Minnesota litigators are well aware of the substantial difference between taking third-party discovery out of state for a federal case pending in Minnesota as compared to a Minnesota state court action. Federal subpoenas are standardized and relatively straight-forward. The process for out-of-state discovery for use in Minnesota state court actions is significantly more varied and […]