Minnesota Litigator
News & Commentary
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MN Supreme Court to Consider Key Tie-Breaker Rule in Contract Interpretation
Update (July 14, 2017): The Minnesota Supreme Court has granted plaintiff Staffing Specifix’s petition for review, in part (in connection with the case discussed previously (below)). (Linked here is the petition and linked here is the order granting it in part.) The only issue to be addressed by the Minnesota Supreme Court (in the words […]
Thoughts on a Look Back at The Year in MN Lawyer Discipline
The more things change, the more they stay the same. From the linked annual report of the Lawyer’s Professional Responsibility Board, we learn that 2016 was quite similar to previous years in terms of the number of complaints, the nature of the complaints, and the nature of the discipline imposed (ranging from disbarment at one […]
Distinguishing Courts and Judges
All litigators know that judges often write their opinions as if they are not issuing from the judges but from “the court.” This makes sense because we believe our system to be guided by laws, not by people. Thus, it might seem inconsistent and inappropriate for a judge to write something like: “I don’t believe […]
Minnesota Litigator Summer, 2017 Summer Hiatus
We will resume our posts next month. Thank you, as always, dedicated readers — for your comments, quibbles, queries, and tips, all of which we deeply and sincerely appreciate — even the blistering critiques we get from time to time. (All professionals must be able to tolerate, if not treasure, sincere and thoughtful criticism.) Keep […]
Brandon Meshbesher: Our New LEVENTHAL pllc Lawyer
Close readers of Minnesota Litigator might have noticed a shift from the first-person singular pronoun to first-person plural. As posted May 1, LEVENTHAL pllc recently doubled in size . We officially became “us,” you might say. And at the end of that post, we promised, “A more formal introduction to follow in days to come.” […]
The Superior Power of Dispassionate Passion
Update (June 21, 2017): We have covered the lawsuit of Kristin Naca v. Macalester College previously. Ms. Naca has had limited success so far in her lawsuit against the college which is based on her having been fired from her position as an assistant professor of poetry for allegedly inappropriate conduct with a former student. Now […]
The Perils of Lawyers Suing Lawyers
There are very few lawyers in Minnesota that have developed substantial experience bringing legal malpractice cases because: (1) it is not very profitable; (2) there are not many cases (because, contrary to widespread opinion, most Minnesota lawyers are excellent and perfect); and (3) healthy people do not like to inflict pain on themselves. (Lawyers suing […]
On the Strategic Behavior of Insurers
In the original posts, below, we covered the horrific case of child-care center negligence that resulted in serious injuries to a 3 year-old child, who had been attacked by a 9 year-old child (“J.K. v. New Horizon”). As in many high-dollar tort cases that involve businesses, J.K. v. New Horizon spawned additional related litigation about […]
An Obvious Solution to a Difficult Problem
What can U.S. employers do about the apparently constant threat of “brain raids” — when employees accumulate vast reserves of an employer’s valuable, confidential, commercial information and then jump ship with it to a direct competitor? Obviously, they can devise strong employment contracts, confidentiality agreements, non-competition agreements, and they can go to court to try […]
Is the Gig Up? Crime and Our Uber Mobile Work Force
Update (June 8, 2017): In the lawsuit brought anonymously against Uber for a sexual assault, discussed below, “Ms. Doe” has voluntarily dismissed her lawsuit against Uber “without prejudice” (meaning that she keeps the right to bring a subsequent lawsuit based on the same allegations). Original post (June 5, 2017): Social change may be like an […]