Minnesota Litigator
News & Commentary
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Minnesota Courts: “Tut tut tut” is not deterrence. Misconduct should trigger punishment.
We celebrate the attached contempt order, issuing a sanction of over $89,000 in attorneys’ fees for misconduct in discovery, and here’s why: Some years ago, we were preparing for a trial when, in the intense few weeks before the start of the trial, the other side brought a motion to amend to add a claim […]
Minnesota Litigator Profile: Former U.S. Magistrate Judge Jeffrey Keyes (D. Minn.)
In Minnesota Litigator’s experience of former U.S. Magistrate Judge Jeffrey Keyes, he seems to embody kindness, humility, and professionalism. He has had a long and distinguished career in Minnesota civil litigation and, unsurprisingly, has some important insights as to how our system is succeeding and how it is failing. (In critical ways, it seems to […]
The Next Big Wave: Civil Litigation by Counties Against Drug Dealers
While we have enjoyed significant success over the years in predicting the outcomes of particular motions, lawsuits, or appeals, Minnesota Litigator has tried to predict big waves in civil litigation but our track record there has been poor. Our “big wave” predictions have not run aground with spectacular thundering crashes. Just barely audible tinkles. And […]
How To Be Paid $420,418 for NOT Picking Up Anoka County Road-Kill
Congratulations to the Minnetonka law firm of Johnson & Johnson for their win against the county of Anoka in connection with their clients’ road-kill bill. The city of Anoka entered into a contract with Rick Johnson’s Deer & Beaver, Inc. (“D&B”). D&B agreed to collect “all” of the county’s deer and beaver road kill on […]
How Much Money Does it Cost To Litigate a Bed (Trademark) Battle?
Update (November 29, 2017): One thing about trials: they seem so momentous, so dramatic, so climactic, but sometimes they’re just a blip, just one chapter of an excruciating saga. Linked here is an order from the U.S. District Court (D. Minn.) (Frank, J.) vacating the judgment that we linked to below (and again link to […]
Some Pointers on the Potentially High Cost of Closure
Corey Smith slipped on ice, fell, and was injured in a Wal-mart parking lot in Freeborn County three winters ago. One year ago, Mr. Smith, through counsel, sued Wal-mart for his injuries. About six months ago, the case settled in a settlement conference but the parties could not agree on the language of the formal […]
When a Company Sues One of Its Owners, Who Pays for the Owner’s Defense?
Update (November 24, 2017): The Minnesota Supreme Court granted the linked petition for review by CorVascular. The issue in the case is when a Minnesota limited liability company (an “LLC”) has a duty (imposed by statute) to indemnify an LLC member, whom it sues. The question, roughly, is, “When a company sues a member for […]
HAPPY THANKSGIVING
TIME TO GOBBLE (for meat-eating Americans (not so much for turkeys)). More than 40 million turkeys are raised by Minnesota family farmers every year. From LEVENTHAL pllc, Happy Thanksgiving and Happy Holidays to All!
A Long Hard March of Contingent Fee Product Liability Lawyers Continues…
Update (November 22, 2107): The case, described below, involved a worker, Nereus Montemayor, who climbed into an extruder, a giant meat grinder (more or less), which had been jammed. Another worker, not knowing Mr. Montemayor was inside the meat grinder, fired up the machine. Mr. Montemayor was badly injured. The case has been up to […]
Minnesota Litigator Profile: Ann Voss (The grass really is greener…)
There has to be a technical psychological expression for the phenomenon that (1) people envy the lives of other people, seeing the positive differentiators, and then (2) reassure themselves that their envy is unjustified, perhaps because of an inability to see the whole picture. Maybe this is captured in the simple concept of “rationalization.” This, […]