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.
Happy Voting! (And Your Absentee Ballots Will Not Be Televised….)
KSTP has lost its bid for access to absentee ballots at the Minnesota Court of Appeals, on an election day as it happens…
Spoliation Sanction Before the Minnesota Supreme Court: A Useful Cautionary Tale
Update (August 8, 2011): Minnesota Supreme Court reversed the Court of Appeals last week. Original post (August 25, 2010): “Spoliation,” also known as the destruction of evidence, often triggers thoughts of deliberate malfeasance — deep-sixing the smoking gun and the like. Far more common, however, is the repair of a broken machine followed by […]
She Who Hesitates…
For many years, Rule 23 of the Federal Rules of Civil Procedure used to require that class certification motions be brought “as soon as practicable after the commencement of the action.” It seems that no one ever knew what this meant. And, in addition, many lawyers and judges thought that it was bad policy […]
Delgado-O’Neil v. City of Minneapolis: Summary Judgment for the City
Plaintiff Julie Delgado-O’Neil brought an action stemming from adverse employment decisions in regard to her by the Minneapolis City Attorney. Back in January, Minnesota Litigator covered the dismissal of Plaintiff’s claim under 42 U.S.C. § 1983. This week, U.S. District Court Judge Michael J. Davis (C.J.) (D. Minn.), in a 44-page opinion, did away with […]
One small factor in the cost of legal services…
[UPDATE: In this lawsuit, defendant settled, but failed to pay up (and failed to pay its attorneys). Questions to be decided: how to compel the defendant to make good on the settlement agreement? Are Minnesota litigators stuck defending a client who appears unable to pay? This week, U.S. Mag. Judge Arthur J. Boylan (D. Minn.) […]
Strib on First District Judicial Election (& Taylor Tumult)
“Two Challenge Censured Judge,” by Joy Powell about challenges to First District (Dakota, Scott, Goodhue Counties) Judge Timothy Blakeley, who was censured and suspended by the Minnesota Supreme Court for six months in the past year or two. The Star Tribune also is covering “tumult” today at Mankato-based Taylor Corp. (reported by Dan Browning), including […]
Sticks & Stones May Break Your Bones, But Words May Break the Bank?
[UPDATE: Pioneer Press/TwinCities.com/Duluth New Tribune has the story. Defendant’s getting a free lawyer apparently.] Lawyers counseling their clients to be careful in how they vent their feelings of animosity or disgust can “bring it home” with this real-life situation: Back in 2001, Defendant Robin Schoenrock had an unkind thing to say about Plaintiff Patrick Longbehn, […]
On Sealing Court Documents, A Brief Editorial Comment
“This is not a private-dispute resolution. It’s a taxpayer-funded . . . open public court system, and the media should have a right to know what’s going on.”
Summary Judgment for Medtox: When a Trio Becomes a Duet
It took over two years, but Medtox prevailed on summary judgment against Defendant Gateway, having already settled with Co-Defendant, Tris. From the summary judgment decision in Medtox’s favor, it appears that Gateway had been hiding behind Tris. Tris settled out of the suit and Gateway lost its cover…
Taking “Healthy Competition” Too Far?
Minnesota Litigator did not cover the recent large St. Jude v Medtronic alleged employee-raiding case in Ramsey County this past week (leaving it to mainstream and trade media, which covered the story) but also noted another less high profile med-device-related employee-raiding case, so far under the radar but with some fairly surprising allegations.