The Kuhn Law Firm, Author at The Kuhn Law Firm

Property transfer by debtor to a revocable trust does not shield property from creditor

Debtor and Creditor Law / By The Kuhn Law Firm

A Minneapolis, Minnesota creditor lawyer knows that a husband and wife’s conveyance of property into a revocable trust did not render property unavailable to creditors because property in a revocable trust is subject to creditor claims to the extent of the debtor’s power of revocation. Also, because a settlor of revocable trust retains an unlimited …

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Unless protected by patent or copyright, functional product features may be copied freely by competitors

Business Law / By The Kuhn Law Firm

A Minneapolis, Minnesota business attorney knows the general rule that once an inventor has decided to lift the veil of secrecy from his work, he must choose the protection of a federal patent or the dedication of his work to the public at large. Indeed, unless protected by patent or copyright, functional product features may …

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A distributor can be terminated by its supplier if the supplier does not approve of an asset sale

Business Law / By The Kuhn Law Firm

A Minneapolis, Minnesota business lawyer knows that a distributor who transfers its assets to a new company may be terminated as a dealer if the transfer is not approved by a supplier. TEXAS UJOINTS LLC, Plaintiff-Appellant, v. DANA HOLDING CORP., et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Eastern District …

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A successor entity may owe the federal government taxes

Business Law / By The Kuhn Law Firm

A Minneapolis, Minnesota business attorney knows that a successor business may be liable for its predecessor’s tax liabilities. This was found to be true in the case below where a company goes out of business without paying all of its taxes, the new entity is incorporated the same day, purchased the previous company’s inventory, took over …

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Courts have the inherent power and under rule 37 to sanction parties for not complying with discovery orders

Business Law, Civil Procedure / By The Kuhn Law Firm

Minnesota business lawyers know that courts have the inherent authority and under Rule 37 to sanction parties who fail to comply with discovery orders. “‘If a party can make himself a judge of the validity of orders which have been issued, and by his own act of disobedience set them aside, then are the courts …

Courts have the inherent power and under rule 37 to sanction parties for not complying with discovery orders Read More »

The party seeking the injunction must demonstrate that there is an inadequate legal remedy and that the injunction is necessary to prevent great and irreparable injury

Civil Procedure / By The Kuhn Law Firm

An experienced Minneapolis, Minnesota attorney knows that sometimes a party wants to get an injunction to stop the other party from doing something while a lawsuit is pending. Rule 65 sets forth the procedure for obtaining temporary restraining orders and temporary injunctions, the purpose of which is to preserve the rights of parties pending determination …

The party seeking the injunction must demonstrate that there is an inadequate legal remedy and that the injunction is necessary to prevent great and irreparable injury Read More »

If a contract authorizes an award of attorneys’ fees, the right to a jury trial is required under Minnesota law

Business Law / By The Kuhn Law Firm

An experienced Minneapolis, Minnesota lawyer knows that the right to a jury trial on an award of attorneys’ fees is required under the Minnesota Constitution. 813 N.W.2d 49 (2012) UNITED PRAIRIE BANK-MOUNTAIN LAKE, Respondent, v. HAUGEN NUTRITION & EQUIPMENT, LLC, et al., Appellants. No. A09-0607. Supreme Court of Minnesota. March 14, 2012. Rehearing Denied April …

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In Federal Court, a prevailing party has 14 days to request costs and attorneys’ fees from the date of judgment

Business Law / By The Kuhn Law Firm

An experienced Minneapolis, Minnesota business lawyer knows that under Federal Rule 54, a prevailing party has 14 days from the date of judgment to request an award of costs and attorneys’ fees (unless a local rules dictates otherwise): Rule 54. Judgment; Costs (a) Definition; Form. “Judgment” as used in these rules includes a decree and …

In Federal Court, a prevailing party has 14 days to request costs and attorneys’ fees from the date of judgment Read More »

Once the deposition has begun, the preparation period is over and the deposing lawyer is entitled to pursue the chosen line of inquiry without interjection by the witness’s counsel. Private conferences are barred during the deposition

Civil Procedure / By The Kuhn Law Firm

An experienced Minneapolis, Minnesota lawyer knows that the underlying purpose of a deposition is to find out what a witness saw, heard, or did—what the witness thinks. A deposition is meant to be a question-and-answer conversation between the deposing lawyer and the witness. There is no proper need for the witness’s own lawyer to act …

Once the deposition has begun, the preparation period is over and the deposing lawyer is entitled to pursue the chosen line of inquiry without interjection by the witness’s counsel. Private conferences are barred during the deposition Read More »

The purpose underlying the rule of partial disclosure is one of fairness to discourage the use of the privilege as a litigation weapon

Civil Procedure / By The Kuhn Law Firm

An experienced Minneapolis, Minnesota lawyer knows that disclosing a communication to a third party unquestionably waives the attorney-client privilege. A harder question is whether the waiver also ends the privilege as to any related but not disclosed communications. The case below states that in answering this question, the touchstone is fairness . . .When one party …

The purpose underlying the rule of partial disclosure is one of fairness to discourage the use of the privilege as a litigation weapon Read More »

Author name: The Kuhn Law Firm

Property transfer by debtor to a revocable trust does not shield property from creditor

Unless protected by patent or copyright, functional product features may be copied freely by competitors

A distributor can be terminated by its supplier if the supplier does not approve of an asset sale

A successor entity may owe the federal government taxes

Courts have the inherent power and under rule 37 to sanction parties for not complying with discovery orders

The party seeking the injunction must demonstrate that there is an inadequate legal remedy and that the injunction is necessary to prevent great and irreparable injury

If a contract authorizes an award of attorneys’ fees, the right to a jury trial is required under Minnesota law

In Federal Court, a prevailing party has 14 days to request costs and attorneys’ fees from the date of judgment

Once the deposition has begun, the preparation period is over and the deposing lawyer is entitled to pursue the chosen line of inquiry without interjection by the witness’s counsel. Private conferences are barred during the deposition

The purpose underlying the rule of partial disclosure is one of fairness to discourage the use of the privilege as a litigation weapon

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