Minnesota Litigator
News & Commentary
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C. J. Magnuson’s Reaction to Governor Pawlenty’s Proposed Cuts to Minnesota’s Court System
The Minnesota Lawyer’s MinnLawyer blog covers and links to Chief Judge Eric Magnuson’s “disappointed” reaction to proposed cuts to Minnesota’s judiciary. The proposed cuts and their likely impact are severe. The Governor and Chief Judge overlapped at the now-defunct Rider Bennett law firm and Judge Magnuson owes his current job to Governor Pawlenty. But shared […]
Enormous Changes at the Last Minute…
“Enormous Changes at the Last Minute” is the title of a collection of superb short stories by Grace Paley. Reversals in litigation often bring the title to mind. Granted, in litigation, very little comes down to a matter of minutes (with exceptions from time to time), but the point is that litigation can be “flipped” […]
Appellate Standard of Review: “We Don’t Like What Happened Here….”
The only word that comes to mind to capture the long fight between Louis E. Kemp, Superior Seafoods, its lawyers, and Tyson Foods is “clusterf**k.” Over the years, the dispute was litigated in California, in Minnesota state court, in Minnesota federal court, involves a concurrent lawsuit for legal malpractice against Plaintiff Kemp counsel, at least […]
Bubbly Battle: Preliminary Skirmish (Motions in Limine) Seem To Give Edge to Plaintiff Roederer (Cristal)
Previously covered here (including Roederer Trial Brief), the bell for Round #1 has rung in this intoxicating clash between top-of-the-line Cristal Champagne and bargain-basket Cristalino cava sparkling wine in a trademark fight filed in January, 2006 — a bench trial before U.S. District Court Judge Joan N. Ericksen that started earlier this week. “Motions in […]
OUCH! No Supplemental Brief Without Leave…
In a brief and stern order, U.S. District Court Judge Patrick Schiltz (D. Minn.) lowered the boom on counsel for insurer Hartford Insurance when, after a hearing, counsel submitted supplemental briefing. Judge Schiltz quoted himself in a “closely related context:” ”This is akin to lighting a cigar and then asking, ‘Is it okay if I […]
Hecker Indictment
Here is the indictment of Dennis E. Hecker (and an alleged co-conspirator). The charges: wire fraud and the conspiracy to commit wire fraud. Here and here is the media coverage. No surprise here. Many, including Hecker himself, saw this coming (potential criminal vulnerability discussed here).
Minnesota Supreme Court To Address Out-of-State State Court Discovery Issue
Minnesota litigators are well aware of the substantial difference between taking third-party discovery out of state for a federal case pending in Minnesota as compared to a Minnesota state court action. Federal subpoenas are standardized and relatively straight-forward. The process for out-of-state discovery for use in Minnesota state court actions is significantly more varied and […]
“Alice in Wonderland” in BK Court? Debtor Not Allowed To Waive Discharge…
Bankruptcy is a means by which people and businesses can get a “fresh start” when they cannot otherwise escape their debts. What they generally seek is “discharge” of their debts. Not all debts are dischargeable, however. Moreover, under certain circumstances, a debtor may choose to waive his right to discharge of debt if, for example, […]
8th Circuit Bounces Appeal: Failure to Show “No Just Reason for Delay…”
Common hypothetical: one has a lawsuit against multiple defendants, one of whom is the “deep pocket” or most likely source of recovery. That defendant moves for judgment as a matter of law and wins (on a summary judgment motion, for example). Plaintiffs, defendants, and even the trial court might all agree that plaintiffs’ case is […]
Affidavit of Expert Review Fatal to Med Mal Case (Yet Again)
Over the past year, Minnesota Litigator readers have been barraged with news of appellate decisions from the Minnesota Court of Appeals in which plaintiffs lose professional malpractice claims for failure to meet the requirements for affidavits of expert review (see here and here, for example).