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.
Settlement Agreement Snafu: When Reality Is Worse Than The Worst Case Scenario
Update (April 14, 2010): Defendants got past summary judgment but not past judgment after trial. Original Post (December 9, 2010): A lender lent money on a building project (condos), secured by personal guaranties. Borrower defaulted. Lender brought an action against the guarantors. They settled that lawsuit, with the lender to be assigned sales proceeds […]
Minnesota Supreme Court broadens definition of marital discrimination
The Minnesota Supreme Court today issued an important decision clarifying and broadening the contours of marital discrimination in light of recent legislative changes. LeAnn Taylor began working for LSI in 1988 as a receptionist/secretary. In February 2001, she was promoted to Sales and Marketing Coordinator. In June 2001, she married Gary Taylor, the president of […]
Minnesota Litigator Guest Poster: Corwin Kruse
Minnesota Litigator is proud to add Corwin Kruse to its roster of “Guest Posters.” Corwin will focus on matters of family law, as part of the blog’s effort to offer insight and analysis on all aspects of Minnesota civil litigation from informed and experienced Minnesota litigators. Corwin is an attorney with the firm of Katz, […]
It’s not just the Motion; it’s the Hearing
Family law practitioners are familiar with the process of moving for new trial or amended findings. They are also generally aware of the fact that such motions need to be served within 30 days after notice of the filing of the court’s decision. As a new opinion from the court of appeals reminds us, however, […]
County Recorder Error, Followed By Trial Court Error: The Arcane Business of Determining Rights in Real Property
The recent unpublished Minnesota Court of Appeals decision in Chamnic et al. v. Colonial Pacific Leasing is the latest installment in Tales of County Recording Office Errors (and their unfortunate (costly) ramifications) (an earlier episode is here). Kevin J. Dunlevy of Beisel & Dunlevy successfully flipped a jury verdict from Wabasha County District Court (Judge […]
How Do You Plead? Civil Pleading Standards Two Years After Iqbal
On April 15, 2011, from 5:00-6:00 p.m. in the Lindquist & Vennum Conference Room at the Law School, the Federal Bar Association Chapter of the Law School will hold a panel discussion entitled, “How Do You Plead? Civil Pleading Standards Two Years After Iqbal.” The panelists will discuss the current pleading standard two years after […]
Getting away from it all vs. Staying In Touch: Minnesota’s Boundary Waters & Cell Phone Coverage…
Update (April 11, 2011): The case goes before Hennepin County Judge Philip Bush for trial this week. Steve Karnowski of AP Press covers the case here. (Original Post June 24, 2010): While many of us are frustrated by spotty cell phone coverage, many of us at the same time long for places “off the grid,” […]
Careful what you ask for….
Many indebted home-owners, challenged by mortgage payments due and feeling misled into over-priced and oppressive loans, have gone to court and sought “rescission” of their mortgage loans. And some have been quite successful in these efforts (the borrower in this case, for example). However, borrowers (and their lawyers) need to keep the basic principle of […]
Qualified Minnesota Rule 114 Neutral
Why should you call Seth Leventhal, at (612) 234-7349, to serve as a qualified neutral to help you, your client(s), and your adversaries, explore the possibilities of settlement and resolution of commercial/business disputes? Minnesota state courts order some form of ADR. You have to pick someone. I have over 15 years of commercial/business litigation experience […]
Botched “Gotcha” Litigation Tactic: How to Get a Default Judgment (And How Not To)
As the name implies, our justice system (emphasis added) is designed to be fair and to do justice. Consequently, it disfavors “surprise attacks” or other legal tactics whereby a party or its counsel seeks advantage (or, really, total victory) through subterfuge or even, perhaps less culpably, through the mechanistic application of procedural rules to short-circuit […]