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.
A Broken Justice System and an Update on the Multi-Year Multi-Million Dollar Slip’n’Slide Siege
Update (November 28, 2016): Will this slip’n’slide cat-and-mouse pursuit ever end? Have a look at the linked recently filed 63-page recitation of the judgment debtors’ years of breath-taking feats of deceit and subterfuge. Try to get your head around the number of hours that lawyers spent accumulating the information in that memorandum. A court system […]
A Black Friday Brain Teaser
While many people are enjoying their Thanksgiving holiday break, a few of you are reading this post. You are the die-hards. I bet that you’re lawyers who love your work. Should you be admired or pitied? Who’s to say? Hats off to you, as far as I am concerned, and enjoy a puzzler: In a recently […]
Is Summary Judgment Over-Used By Our Courts?
In a recent post about the infrequency of civil trials in the United States, I asked whether this infrequency is a good or a bad thing. I then answered my own question, suggesting that we need to draw a distinction between “no trial” because of negotiated settlements (very often a good thing) and “no trial” […]
You Lose Some, You Win Some…
I recently posted about a weak employment case in which the plaintiff, Mr. Schaefer, unsuccessfully argued that the horse-play at work, which included kicking and hitting fellow employees in the groin, constituted “sexual abuse,” warranting a longer statute of limitation (six years) than Minnesotans get for the intentional tort of battery (two years). Only a […]
Owens v. AAA: Another Arrow in My Quiver Against Arbitration?
Update (11/21/2016): As predicted, below. One of my less impressive predictions, imio (“in my immodest opinion”). Update (January 7, 2016): Immediately below nearly a month ago, I wondered, “And will the fool’s errand go still further with an appeal?” We now know the answer as of today: Yes. I wish the best of luck to appellant […]
Another Distinction Between Minnesota Civil Litigation, State Court v. Federal Court…
Update (November 16, 2016): Unlike the Minnesota Supreme Court’s decision discussed below, drawing a sharp distinction between “discovery depositions” and “depositions to preserve trial testimony,” the linked decision in the Sorin v. St. Jude lawsuit (discussed previously here) makes clear that “there is no difference between discovery depositions and deposition for use at trial” as far […]
The Minnesota Board of Professional Responsibility Needs Help!
The Minnesota Board of Professional Responsibility is looking for an experienced lawyer (at least 10 years’ experience – must include civil litigation or prosecution experience). Deadline tomorrow! https://goo.gl/gIo45y
Are Two Vague Incomplete Commitments Better Than One?
Updated post (November 14, 2016): Plaintiff Bubble Pony hopes for a more receptive audience before Sr. U.S. District Court Judge David S. Doty (D. Minn.) than BP got before U.S. Mag. Judge Franklin L. Noel on BP’s second motion to amend its complaint. As discussed below, Plaintiff BP (Mr. Patrick Glynn), a digital game programmer, exchanged […]
How Much Do Those Big Firm Lawyers Make, Anyhow?
The world’s largest legal search firm, Major Lindsey & Africa, has published its 2016 Compensation Report (linked here) and it is generally good news for large firm lawyers. And good news for these lawyers means good news for all lawyers in private practice. Average compensation for all respondents was reported as $877,000, up 22% from […]
Is Kicking A Man in the Testicles Sexual Abuse?
No. Kicking a man in the testicles is not “sexual abuse,” as the term is used in Minn. Stat. 541.073 (“Actions for Damages Due to Sexual Abuse”) according to the Minnesota Court of Appeals in an unpublished decision this week. Therefore, the court held, Plaintiff Mark Schaefer’s claim against his past employer for the crotch kick he […]