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.
FindLaw or FindFlawed?
Update (September 26, 2018): Here we go again. In the linked complaint, another law firm charges Findlaw with fraud, among other causes of action, for promised web-based marketing help that fell far short of the law firm’s expectations. Minnesota Litigator has fielded off-line calls from lawyers dissatisfied with Findlaw’s services more than once (website design, […]
Naca v. Macalester: #TimesUp (And Another Swipe at Sloppy Lawyering)
Update post (September 21, 2018): Notch another successful prediction for Minnesota Litigator as Prof. Kristin Naca has lost her lawsuit against Macalester College on Macalester’s motion for summary judgment, discussed (and predicted) below. We also covered the case here and here. The opinion by U.S. District Court Judge Patrick J. Schiltz (D. Minn.) granting Macalester’s motion […]
Pleading Fraud with “Particularity:” How Particular Must One Be?
Ambassador Press, Inc. (“Ambassador”) is a Minnesota-based printing company that went to Durst Image Technology U.S., LLC (“Durst”) to buy a large format printer. As Ambassador discussed the potential purchase with Durst, Ambassador was very concerned about the potential risk of “print head” failures (and the delay and added expense that they would cause, particularly when […]
Why Can’t Notaries Notarize Their Own Signatures on Documents?
Update (September 14, 2018): The posts below recount the unfortunate trajectory for Minnesota lawyer, Todd A. Crabtree, and this week, the sentence was meted out for the perceived wrong-doings. One, in particular, caught our eye: Mr. Crabtree is found to have improperly notarized his own document. Query: in a transaction between A and B in […]
On Porn, Piracy, and Privacy
If a person allegedly misappropriates copyrighted material, the copyright holder may sue the misappropriator for copyright infringement. If the material is pornography, is the accused infringer entitled to additional protections because pornography consumption is widely viewed as private and embarrassing? Apparently, the answer is, “Yes.” According to his lawyers, Mr. Greg Lansky, an owner of […]
“You’re out of aces and I will give you some advice…”
As connoisseurs of 1970’s British ridiculousness know very well (indeed, some by memory): THINGS END BADLY WHEN YOU SELL CHEESE THAT YOU DO NOT HAVE. Unfortunately, Minerva Dairy seems to have missed that lesson. North Central agreed four times to buy cheese from Minerva Dairy. North Central agreed to buy the cheese (at a set price, […]
The Lives of Litigators: Haircuts and Humility
The linked decision this week of the Minnesota Court of Appeals is of interest in at least two ways. First, we have posted at great length about the tendency of Minnesota courts (state and federal) to give attorneys’ fee petitions “haircuts” but we were happy to see the linked decision in which the district court […]
No One Fights Like Family. (Portrait of Alleged Professional Malpractice in Trust & Estate Law)
We recently discussed the complex relationship between art and money but, as complicated as that is, it is nothing compared with the relationship between love and money. As many of us know from personal or professional experience, intra-family money battles give off volatile, highly combustible, and, sometimes, even seemingly intoxicating fumes, that addle, torture, and […]
A Brief Note on the Challenge of Judging
Catrina Johnson called the police because her teenage son was out of control and she feared for her physical safety. The police arrived. Her son, unfortunately, was unable to gain control of himself even after the police came to the scene. The police had to restrain and handcuff him forcefully. In the struggle to restrain […]
Light at the End of the Tunnel?
Visual artists in the United States, defined as people who create unique and original visual experiences in any physical medium, are to capitalism as hedge fund managers are to socialism. You can argue there is a positive correlation if you like, but it’s much easier to argue the negative. Some would argue that the relationship between […]