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.

“What discipline, if any, is appropriate based on the facts of the matter…”

The Professional Board’s action against Mary Jo Fairbairn, of the Kinney & Lange firm, goes before the Minnesota Supreme Court this morning.  The issue to be decided “What discipline, if any, is appropriate based on the facts of the matter…” The alleged “facts of the matter” are here.

It’s official: “Augsburg College is a college of some type.”

When Lowanda and Brian Kail divorced in 1992, they agreed to split “all necessary and reasonable” expenses for their then-toddler son’s post-high-school education “to the extent” that each was “financially able.”  Sixteen years later their son enrolled at Augsburg College, incurring yearly tuition and board of approximately $33,000 annually, plus additional expenses for books, supplies, […]

Just What We Need: A Constitutional Right to Lie In Political Campaigns…

Minn. Stat. § 211B.06 subd. 1 (2008) criminalizes knowingly false statements made in the context of political campaigns, ballot initiatives and the like. Now-retired U.S. District Court Judge James M. Rosenbaum (D. Minn.) dismissed a constitutional challenge to the statute in February, 2010 on several bases.  Late last week, the U.S. Court of Appeals for […]

A Small Proposed Decongestant for Minnesota Court Dockets: Minn. Gen. R. Pract. Rule 115.10

As the Minnesota court system continues to struggle to handle its caseload on a seemingly ever-shrinking (or at best stagnant) budget, those in the system and running the system are relentlessly looking for cost savings. Recognizing that the problems are complex, recognizing that the Minnesota court system, like other public and private institutions throughout our […]

Breach of Fiduciary Duty Class Actions Filed Against Lawson Software, American Medical Systems

Late yesterday, the Lockridge Grindal & Nauen law firm,  in conjunction with the New York law firm of Levi & Korsinsky filed a putative class action complaint in Ramsey County District Court (St. Paul) in connection with the recently announced sale of Lawson Software. Late yesterday, the Lockridge Grindal & Nauen law firm,  in conjunction […]

Hennepin County District Court Judge Tony N. Leung Appointed U.S. Magistrate Judge

Judge Tony N. Leung may be best known for having presided over the wedding of Seth Leventhal, founder of Minnesota Litigator, and Debra Grossfield back in October of 2002.  It is undoubtedly difficult after a high like that (though arguably not quite as majestic or as well-publicized as today’s royal wedding (but pretty close)) to […]

“Sulloway & Hollis Has Huge Huge Problems In This Case” (And a Note on Minn. Stat. § 544.42)

The subject-line, above, were the words of U.S. District Court Judge Patrick J. Schiltz (D. Minn.) in this morning’s hearing on the defendant law firm’s motion for partial summary judgment (denied) and defendant’s motion for sanctions (denied) in Afremov v. LaFond, Sulloway & Hollis, a complex legal malpractice action. The case will now apparently be […]

Representing Controversial Clients…Hero or Knave?

The Atlanta-based law firm of King & Spalding (K&S) seems to have alienated everyone this week on the left and on the right of the political spectrum, having taken on as a client — then firing —  the Republican-led U.S. House of Representatives to defend against a challenge to the Defense of Marriage Act (DOMA), […]

Any Place But Here…

Plaintiff, from Tennessee, brings a lawsuit against Illinois pharmaceuticals in U.S. District Court for the District of Minnesota.  The Illinois defendants seek to have the case dismissed or transferred.  Plaintiff has no problem at all with transfer — in fact, she welcomes it.  Why?  Why does the Tennessean sue Illinois companies in Minnesota (with Florida […]

Dealing with a Lazy Pig? Consider Free-Fatty Acid Ruminant-Energy Supplements

Seriously, fatty-free acid ruminant energy supplements are big (multi-million $$) business.  So when one manufacturer, Milk Specialties Company (MSC), bought some of the assets of a competitor Origo, another supplement maker (which had suffered a fire at its Ohio “dark-colored” supplement manufacturing facility), MSC wanted a non-compete so it could be sure to gobble up […]