Minnesota Litigator
News & Commentary
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Bombardier v. Arctic Cat: TRIAL
Today’s the day: the start of a patent infringement trial before Chief U.S. District Court Judge John R. Tunheim (D. Minn.) in Bombardier v. Arctic Cat. The case has been pending for about five years. On Friday, Judge Tunheim decided a passel of “motions in limine,” that is, evidentiary motions on the threshold of trial. […]
A Practice Pointer About Attorneys Fee Petitions
If you are a civil litigator and you do not know of this rule, you’re welcome: Under the Federal Rules of Civil Procedure, a motion for attorney fees “must . . . be filed no later than 14 days after the entry of judgment.” Fed. R. Civ. P. 54(d)(2)(B)(i). Noncompliance with this timing requirement is […]
Minnesota Lawyers for the Arts Happy Hour: NOVEMBER 9, 2017, Downtown Minneapolis
Update (November 8, 2017): Just posting a reminder. Original post (October 2, 2017): Try to imagine that your passion in life, your dreams, your love, is art and artistic expression. You sacrifice […]
Something is wrong with bigots and bullies.
The focus in recent years on eradicating bullying and bigotry, particularly in our schools and among our children, is among the many welcome gales of change that we are going through now. Very few people (i.e., Nazis, “Alt-Right” activists, white supremacists) object to a zero-tolerance policy of such hateful, divisive, and corrosive behavior. In a twist, […]
Random Thoughts on Attorney Discipline
It is fairly rare in Minnesota for there to be a dissent in a Minnesota Supreme Court decision regarding attorney discipline, but we have one this week in the case of Mr. Shawn Patrick Siders, who is suspended from the practice of law for two years after having been criminally charged with an attempt to […]
Mommy Told Me Not To Lie…
Imagine a lawyer saying the following in closing argument in a civil trial: “Ladies and gentlemen of the jury, my mother is here today. She’s right there, sitting in back of the courtroom… [To his mother:] “Hi, Mom.”] [stage direction: old lady waves to beloved son]…My mom taught me something. Something very important. She taught […]
The Problem of “Lawyer as Witness” Comes Up in Naca v. Macalester College
Update (October 27, 2017): In the case described below, U.S. Magistrate Judge Becky R. Thorson (D. Minn.) has issued an order permitting the deposition of one of Plaintiff’s lawyers (excerpt of order linked here), leaving for another day whether Attorney Vang may be both counsel of record and a witness at trial… Original Post (October […]
The Three C’s of Legal Malpractice
Thoughts About Legal Malpractice Claims for Non-Lawyers: The Three C’s: Over the past seven years of practice, LEVENTHAL pllc has handled over a dozen claims for clients with claims of legal malpractice or claims related to legal malpractice (e.g., fee disputes) against Minnesota lawyers. All but one of the ten has been resolved favorably for our clients. […]
Valuable Lessons Most Litigators Learn
Update (October 23, 2017): Blue Cross & Blue Shield of Minnesota v. Wells Fargo, the multi-year lawsuit described below (and the Jesse Ventura v. Chris Kyle litigation, covered ad nauseam previously (see here, here and here)) should teach litigators some critical lessons. Today’s winners are tomorrow’s losers and, the day after tomorrow, the opposite. Lather, rinse, […]
Here we go again: Another Minnesota Haircut (And the Debris of Success Obtained)
Plaintiff’s lawyers, Joseph Larson, David Schlesinger, and Janet Olawsky might be both crying and celebrating after the award of $305,000 in legal fees for their lawsuit brought on behalf of Stephanie Jenkins. They might cry because they sought $818,000 in legal fees and costs and the Court awarded them less than half. They might celebrate […]