Minnesota Litigator
News & Commentary
Do not consider the blog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state.
More On the High Cost of U.S. Civil Litigation
A lot of very smart people have been puzzling and arguing over the high cost of civil litigation in the United States for at least 50 years. Is it because there is too much litigation (driving up the price)? Is it caused by the distortive role of insurance, which is in play (and, in fact, […]
Minnesota Litigator Profile: Mike Rothman
The career of former Commissioner of the Minnesota Department of Commerce is an inspiring 21st century story. Mike has enjoyed decades of success in the public and the private sectors and now is running his own law firm. (You can find a chronology of his career, with its many highlights, here, and information about Rothman […]
A Quick Case Study of Our Two-Tier Justice System
There is a widespread consensus among civil litigators that plaintiffs generally prefer state court and defendants prefer federal court. However, in our experience, it is always prudent to question all “widespread consensuses,” by which we simply mean it is always good to think independently and critically rather than blindly accepting “common sense” or “consensus.” Having […]
Bare-Knuckle Civil Litigation: Kedrowski v. Valters Aviation, Lycoming et al.
Update (September 13, 2019): As regular readers know, Minnesota Litigator predicts outcomes of pending court decisions from time to time. Below, we discuss Kedrowski v. Lycoming, a significant, hard-fought, and close case arising out of a serious physical injury in a plane crash. We predicted a result as the case was considered by the Minnesota […]
In Loco Parentis
“In loco parentis” is Latin and is literally translated “in the place of a parent.” It is a concept that dates back to old English law if not centuries earlier than that (see here at p.6). When are school teachers acting “in the place of a parent” and what does that mean? What are the […]
Hot Air Rises But Case Goes Down in Flames
Update (September 9, 2019): Has the hot air in Streambend Properties v. Ivy Tower Minneapolis finally breathed its last breath? (Please allow us a mixed metaphor from time to time.) In the linked 6/3/19 petition for Minnesota Supreme Court review of the dismissal of the Plaintiff’s claims (affirmed by the intermediate court of appeals), Plaintiff […]
On Defamation
The ethics of legal blogging are somewhat hazy. (In the linked post, for example, a lawyer comments on the fact that the ABA appears to hold the position that a lawyer cannot disclose already public facts about a client’s case without the client’s consent.) That being the case and LEVENTHAL pllc having previously represented a […]
Happy Labor Day Weekend, 2019
Every year since 1894, as we head into coming school year, the United States of America has celebrated American workers. These days, there are persistent, ubiquitous, and dire warnings that their days are numbered. It seems that our jobs are less threatened by low wage off-shore workers, so feared over the past 30-40 years, than […]
Another Practice Pointer on “The Record on Appeal”
Mr. Terrance Davis alleged that he was sexually abused by a priest, Father William Graham, and Mr. Davis brought a lawsuit against Father Graham arising out of the alleged sexual abuse. Not only did Father Graham vigorously deny Mr. Davis’ allegations. He sued Mr. Davis for interfering with his employment with St. Michael’s Parish in […]
[Headline of an Earlier Post:] Prairie River Home Care v. Procura: The Other Shoe Will Drop.
Update (August 22, 2019): The other shoe dropped. U.S. Mag. Judge Hildy Bowbeer (D. Minn.) issued an 81-page Report and Recommendation (“R&R”) on multiple motions for sanctions against Defendant Procura. For those civil litigator readers, when your clients wonder why U.S. civil litigation is so expensive, part of your explanation should be that some lawyers […]