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.
Caveat Surfer…
Update (August 12, 2016): Although Susan Humiston, the new director at the Minnesota Board of Professional Responsibility, seems to be making great strides at speeding up the system, it remains concerning that the discipline of Mr. James C. Duchon took as long as it did (see below and the linked petition of discipline). What is even […]
Have You Self-Reported Your Crimes To Appropriate Authorities (Answer YES or NO)
Initially, I left question 4(d) blank because the answers for 4(a) through (c) were answered no. But the computer system would not let me leave 4(d) blank. It forced me to answer even though the question presupposes a “yes” to a previous response… You would not think that professional malpractice insurer would be so sloppy in generating […]
Electricity v. Tree: Homeowners Prevail Against Utility (For Now)
Northern States Power (“NSP”) has an easement to run power lines over property owned by Chanhassen residents, Jarvis Jones and Laura Kaplan (“Jones/Kaplan”). In October 2014, NSP asked for permission to come onto the Jones/Kaplan property to prune an oak tree to clear it from a powerline, a right that NSP held as part of its […]
CAR: Finding the Needles in the Haystack Using Computers Rather Than Associates
In July, I posted on “computer assisted review” (CAR). After that, I had the pleasure of a meeting with Ben Legatt of Shepherd Data Services. Shepherd Data offers a “CAR product” and Ben offered to discuss how it works. The following is an edited version of my talk with Ben about some of the mechanics […]
Minnesota Cyclist/Lawyer Derailed By Train Company
Update (August 5, 2016): A jury decided against Bob Cattanach in his lawsuit against the BNSF railroad company. Today U.S. District Court Chief Judge John R. Tunheim (D. Minn.) rejected Cattanach’s bid for a new trial. Update (September 29, 2015): Bob Cattanach’s gets gets some real ink (a nice article by Randy Furst in the Star […]
United South Central High School School Board: HAVE YOU GONE INSANE?
United South Central High School, “Home of the Rebels,” in Wells, Minnesota, about 26 miles West of Albert Lea, went on “lock-down” on April 15, 2014 so the school could search the premises for illegal drugs (a.k.a. “controlled substances”). Drug-sniffing dogs “alerted on” a girl’s locker, as the Minnesota Supreme Court put it. School officials found […]
The Confounding Puzzle of Securities Fraud Class Action Damages
Let’s say XYZ Company sells stock on a publicly traded exchange. And let’s say that XYZ Company’s publicly available financial information inaccurately overstates the company’s value. XYZ’s share price does not reflect the company’s actual, lower, value; it is inflated based on the false information. Every trading day while the truth is unknown, XYZ shares change […]
“If you promise not to spank me too hard, I will admit that I did bad things…”
Lawyers “plead in the alternative.” (“There is no evidence that my client shot the man, but, if you think he did, it was self-defense.”) Most people have a problem with such double-talk. Most people overlook that, in a pleading — a legal complaint or an answer to a legal complaint — a lawyer is simply invoking every possible claim or […]
Minnesota Litigator Interview with Mike Unger: Lessons from Leadership
ML: You’ve just now finished your year stint as MSBA president. That is a privilege and an honor that very few Minnesota lawyers ever get to enjoy. I wonder if you could tell me your high points and low points of taking that position? Mike Unger: I would say, in general, the high points are […]
How to Lose an Unopposed Lawsuit
A recent change in Minnesota’s rules regarding service of a lawsuit on a party, and filing the lawsuit with the court, has been somewhat controversial. Formerly a plaintiff and a defendant could litigate between themselves without any court filing or court involvement until one of them decided to file the lawsuit with a court. There […]