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 …
An experienced Minneapolis, Minnesota lawyer knows that a contention interrogatory is any question that asks another party to indicate what it contends . . . [a question asking] another party whether it makes some specified contention . . . [a question asking] an opposing party to state all facts on which it bases some specified …
Contention Interrogatories Do Not Need to Be Responded to Until Discovery Closes Read More »
An oral promise to pay the debt of a business entity may be enforceable even if it is not in writing. To begin with, an experienced Minnesota business lawyer knows that oral agreements are generally enforceable. However, the Minnesota statute of frauds provides that some agreements must be in writing. The statute can be found …
An experienced Minneapolis, Minnesota contract lawyer knows that advertising brochures and other descriptions of a product by a seller can, in some circumstances, create an express warranty, such as when the advertisements contain very specific claims and promises as to how a certain product will perform. Minn. Stat. § 336.2A-210 is Minnesota’s version of the …
A contract warranty disclaimer is not automatically enforceable Read More »
A Minnesota business law lawyer that litigates business disputes, know sthat when pleading fraud, a plaintiff must plead with specificity the exact misrepresentation of existing fact that the defendant purportedly made in order to withstand a motion to dismiss. Ogletree, Abbott, Clay & Reed Law Firm, L.L.P., Plaintiff, v. FindLaw, West Publishing Corporation, and Thomson …
A Minneapolis, Minnesota business lawyer knows that Rule 49.01(a) governs the use of special verdicts. A special verdict requires a jury to decide specific issues or facts of a case rather than ruling generally upon all issues.District courts have broad discretion to decide whether to use special verdicts and what form special verdicts are to …
A Court Cannot Itemize a Jury’s Special Verdict Findings Read More »
A Minneapolis, Minnesota business lawyer knows that a party may not disclaim its good faith and fair dealing obligations under Minnesota law because it is imposed by operation of law. 134 S.Ct. 1422 (2014) NORTHWEST, INC., et al., Petitioners v. Rabbi S. Binyomin GINSBERG. No. 12-462. Supreme Court of United States. Argued December 3, …
Good Faith and Fair Dealing is a Obligation Arising Under Minnesota Law Read More »
A Minneapolis, Minnesota business lawyer knows Minnesota courts apply a two-prong test to determine whether a shareholder may be liable for corporate obligations. The first prong focuses on the shareholder’s relationship to the corporation, taking into account the following factors: (1) insufficient capitalization of the corporation; (2) failure to observe corporate formalities; (3) failure to …
Piercing the Corporate Veil in Minnesota Requires a Two Part Test Read More »
A Minneapolis, Minnesota business attorney knows to prevail on an alter-ego theory under Delaware law, a plaintiff must prove (1) the individual and the corporation “operated as a single economic entity” and (2) an “overall element of injustice or unfairness.” Factors relevant to the first prong of the test include:[W]hether the corporation was adequately capitalized …
A Minneapolis, Minnesota business attorney knows that section 1030(a)(2) of title 18 of the United States Code Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 provides that whoever “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains . . . information from any protected computer” has violated the CFAA. …
