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Tag: ‘Civil Litigation’

Construing Ambiguity: The Changing Shape of Joint and Several Liability

An eight-year-old wheelchair accident and a ten-year-old amendment to Minn. Stat. §604.02 have combined to engender disputes that are now on their fourth visit to Minnesota’s appellate courts. The future of several liability in the state appears to hang on the outcome of the case now before the Minnesota Supreme Court.  Saturday, April 9, 2005 was […]

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Loss of Chance: New Medical Malpractice Risk in Minnesota

The Minnesota Supreme Court in May recognized “loss of chance” as an actionable injury under Minnesota tort law for the first time, embracing a doctrine variously adopted in 22 other states.  Time will tell how broadly this doctrine may be applied and what its costs and benefits may be.  On May 31, 2013, the Minnesota Supreme Court issued a 3-2 […]

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Alleging Diversity Jurisdiction: Pleading on Information & Belief

The uncertain citizenship of LLCs means counsel frequently must allege subject matter jurisdiction based on information and belief, an approach that meets with mixed success in the District of Minnesota.  In the interests of equity and efficiency, opposing parties should be required to respond to such allegations by confirming or denying their citizenship. For more […]

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Social Media Discovery: The Ongoing Struggle to “Update Status”

The rise of social media presents new challenges and opportunities for litigators in discovery.  While courts struggle with the application of existing rules and statutes to the new media, attorneys’ concerns about framing the request and preventing spoliation are timeless. What better way to disprove a plaintiff’s claim for emotional distress than to dig up […]

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Using Pseudonyms in Sexual Abuse Cases

Allegations of sexual abuse pose particular challenges for courts that must balance the public’s right to know what’s happening in the judicial system against the very real risk that victims may be  revictimized if not allowed to shield their identity.  With much attention paid to recent sexual abuse allegations and decades of reports involving clergy sexual abuse of minors, it is not […]

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How Interesting … Statutory Interest on Awards, Verdicts, Judgments, and Debts in Minnesota

In an economy where margins are thin and the average return on investment continues to scuffle, the statutory interest rates for awards, verdicts, debts, and judgments are an increasingly important consideration for attorneys and their clients.  The interest rates are higher than one might think, but the statutes and cases governing interest are complex and […]

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Adversarial Advocacy: Too Much Adversity Can Hurt You

Handled well, the adversarial system distills the best that either side has to offer and offers the judge a clear and well-reasoned basis for decision. But pursuing adversity for its own sake clouds the issues, irritates the judge, and makes for bad decisions. The adversarial system is the core and the pride of our legal […]

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Finding “Lost” Money: Five Creative Techniques for Proving a Party’s True Income in Litigation

Believe it or not, some people are not always very honest when it comes to full disclosure of their income.  Sure, ascertaining the opposing party’s income is easy when they are a salaried employee who receives a W-2 at the end of the year.  But what about the owner of Joe’s Custom Basket Weaving?  Or […]

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When the Cup Runs Over: Distributing Leftover Funds Via Cy Pres

Even when class-action lawsuits are resolved for the plaintiffs, not all class members may be found and compensated.  Whether and how the residual funds should be distributed is for the judge to decide, and arguments for and against cy pres distribution both draw on fundamental values. Cy pres is the back-up field goal kicker of […]

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The Civil Litigation Quiz

Do you think you are smarter than a litigator? Get ready to test your knowledge. Did you sleep through Civil Procedure?  Or do you think you are smarter than a litigator?  Are you getting out-maneuvered by those young punks on the other side?  Do judges laugh at your filings, while clerks snicker behind your back?  […]

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