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.

ATTENTION MINNESOTA LAWYERS: No More Stealing Money From Clients After July 1, 2011

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 […]

Rule-Abiding and Sanctionable At the Same Time?!

Last week, the Minnesota Court of Appeals made clear that a rigid adherence to the rules of civil procedure will not insulate a lawyer/litigant from being sanctioned in the form of  “conduct-based” attorneys fees in Chapter 518 of Minnesota statutes (“Marriage Dissolution”). “The fact that husband did not violate a rule of civil procedure does […]

Levaquin Bellwether Trials: Round #2 = J&J Knock-Out

Many have followed the Levaquin litigation in the U.S. District Court for the District of Minnesota before U.S. District Court Judge John R. Tunheim.  Plaintiffs’ lawyers won big in Round #1, the case of John Schedin. They did not fare so well in Round #2, the case of Calvin Christenson. Minnesota Litigator cannot go through […]

U.S. Mag. Judge Jeffrey J. Keyes (District of Minnesota) Practice Pointers & Preferences

Minnesota Litigator author/editor finds himself as local counsel in his first case assigned to U.S. Mag. Judge Jeffrey J. Keyes (sworn in on July 18, 2008) and passes on his PP&Ps for general consumption.  There is nothing particularly surprising or novel in these PP&Ps but counsel should review them on receipt, before setting up hearings, […]

“Shortpay” for Auto Glass Replacement Dispute: Nearing the End of the Road?

Update (Monday, June 20, 2011):  Nearer the end of the road, at least… Original Post (February 26, 2010):  The case between Minnesota windshield auto glass replacement/repair outfits, on the one hand, and auto insurers, on the other hand, has been a very long road trip.  Minnesota Litigator noted the Minnesota Supreme Court’s stint in the […]

Lawyer Marketing: Do it Right, Use a Professional — Larry Marcus, Professional Portrait Photographer

Twin Cities professional photographer Larry Marcus took my photo for my website (picture on the “About” page.)  Larry has worked with lawyers in the Twin Cities and around the country for more than 20 years. For 20 years, Larry Marcus shot those unforgettable Law & Politics covers.  For Super Lawyers, Larry Marcus shot the largest markets […]

It may be harsh, but that doesn’t make it illegal

The Eighth Circuit Court of Appeals issued a ruling last week affirming Wal-Mart’s right to fire an African-American manager for a seemingly minor violation of its “Working Off The Clock” policy. The case is an important reminder of the court’s rule in evaluating employer’s decisions. Plaintiff Chestine Clay was manager of the Vision Center at […]

New Appointments to The District Court, Hennepin County (Fourth Judicial District)

Here is Governor Dayton’s Tuesday Press Release.

“Title Insurance Companies: Pay Up or Else”

Rob Shainess, Capstone Law LLC, covers an important decision  of the Minnesota Court of Appeals for those involved in litigation related to Minnesota real property, a case in which a title insurer defendant’s liability exceeded the maximum policy limit and insured had the right to recover lost profit consequential damages.

We’re Married . . . Right?

Whether or not one is actually married would seem to be a simple question.  Occasionally, however, nuptial status is not as it appears to be.  In such instances, Minnesota’s putative spouse statute comes into play.  The statute provides that a person who lives with another to whom he or she is not married in the […]