Minnesota Litigator
News & Commentary
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Corporations, Electronic Data, Preservation, Spoliation: Striking the Balance
One of the puzzles of U.S. civil litigation faced by any business of sufficient size such that litigation is a “fact of life,” a “cost of doing business,” and what does this mean in terms of the business’ obligation to preserve evidence (i.e., email, voice-mails, instant-messaging, SMS, etc., etc.)? For example, if a company conducts […]
ADT v. Swenson, The Battle of Experts
Update (March 22, 2011): Regular readers will recognize from the subject line that this is the case involving tragic murders and an alarm system that failed to prevent them. U.S. District Court Judge John R. Tunheim (D. Minn.) issued an 87-page order yesterday on summary judgment motion and motions to exclude experts. At page […]
Multi-Layers of Lawyers & Professional Liability
Let’s say your lawyer tells you to report kickbacks you received from business associates on your tax returns as down payments for Persian rugs you’re buying for business associates. Sound okay? He’s a lawyer, right? It’s got to be ok, no? He’s your trusted legal counsel. It is not ok. Let’s say the feds start […]
Sulloway & Hollis: Piling On…
Update (March 17, 2011): U.S. Mag. Judge Janie Mayeron (D. Minn.) grants Afremov’s motion to amend the complaint. Her order is here. It seems that every order in this case sheds a little more light on the murky picture. Then, on further review, the picture may be as murky as ever? (LaFond is alleged to […]
The Class Action Hokey Pokey: In re Moneygram Securities Litigation Spat Among Plaintiffs’ Counsel
Update (March 17, 2011): A second Minnesota Litigator post this week on class action procedure. This one concerns the procedure for “opting out” of a class action and the possibility of “opting back in.” Last week, Sr. U.S. District Court Judge David Doty (D. Minn.) put the kibosh on the proposed class action hokey-pokey discussed […]
The Challenge of Client Wannabes?
When lawyers have to deal with difficult clients, the lawyers at least own some of the blame because no one FORCED that person to be their client (presumably). For the unlucky few, however, there are challenges of “the client who never was a client,” i.e., the client “wannabe.” Alas, many of these cases trace their […]
The Challenge of Clients #2
The latest development of the protracted Michael Afremov professional malpractice case — largely a win for Afremov on cross-motions to compel discovery before U.S. Mag. Judge Janie S. Mayeron (D. Minn.). (Hearing on a motion for partial summary judgment is set for April 27 in this case before U.S. District Court Judge Patrick J. Schiltz […]
The Challenge of Clients
Minnesota Litigator knows of one Twin Cities lawyer who claims he generally has better relationships with his opposing lawyers than with his clients. This might seem ironic or perverse (and perhaps worrisome for the lawyer’s financial well-being). But the fact is that civil litigators are professional combatants. As in professional sports, they play to win, […]
Challenging the Groupon Business Model in Minnesota (and all over)
Sr. U.S. District Court Judge Paul A. Magnuson (D. Minn.) has been assigned the putative class action complaint against Groupon. Deja vu all over again (and again) for Groupon, it seems. The complaint alleges: Groupon’s systematic placement of expiration dates on its gift certificates is deceptive and harmful to consumers. Groupon effectively creates a sense of […]
Dismissal of Challenge to Gay Marriage Barriers (and the Media, the Internet, & Lawyers)
The Star Tribune has reported Hennepin County District Judge Mary Defresnes’ ruling rejecting a challenge to the state’s 13 year-old DOMA (Defense of Marriage Act). The same day’s Strib reported a significant legal triumph for Fury, a Lake Elmo, Minnesota Chrysler car dealer. The DOMA story named plaintiffs’ lawyer, Peter Nickitas. The Fury story seemed […]