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Civil Procedure

How to plead the elements of the following claims in Minnesota: fraud, mistake, capacity to contract, ratification, covenant of good faith and fair dealing, and violation of the uniform deceptive trade practices act, unjust enrichment, and reckless misrepresentation.

Business Law, Civil Procedure, Legal Resources / By

Lyon Financial Services, Inc. v. MBS Management Services United States District Court, D. Minnesota Sep 6, 2007 Civil No. 06-4562 (PJS-JJG). (D. Minn. Sep. 6, 2007) REPORT AND RECOMMENDATION ________________________________________ JEANNE GRAHAM, Magistrate Judge The above matter came before the undersigned on July 31, 2007 on a motion to dismiss (Doc. No. 16) by third …

How to plead the elements of the following claims in Minnesota: fraud, mistake, capacity to contract, ratification, covenant of good faith and fair dealing, and violation of the uniform deceptive trade practices act, unjust enrichment, and reckless misrepresentation. Read More »

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

Business Law, Civil Procedure / By

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

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 »

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

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

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 »

Contention Interrogatories Do Not Need to Be Responded to Until Discovery Closes

Business Law, Civil Procedure / By

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 »

Websites and Domain Names Can be Garnished or be Subject to Levy by a Creditor

Civil Procedure, Debtor and Creditor Law / By

A skilled Minneapolis, Minnesota business lawyer knows that a creditor can levy or garnish a debtor’s website and domain name.   Sprinkler Warehouse, Inc., Respondent, v. Systematic Rain, Inc., d/b/a GPLAWN.com, et al., Appellants. No. A14-1121. Supreme Court of Minnesota. March 23, 2016. Clarence J. Kuhn, Kuhn Law Firm, PLLC, Edina, Minnesota, for respondent. Bryan …

Websites and Domain Names Can be Garnished or be Subject to Levy by a Creditor Read More »

A Motion to Dismiss is Not a Responsive Pleading

Civil Procedure / By

An experienced Minneapolis, Minnesota business attorney knows that a motion to dismiss is not a responsive pleading under Minnesota’s rules of civil procedure.  This case discusses this issue.   STATE OF MINNESOTA IN COURT OF APPEALS A13-1989   Todd C. Sharkey Appellant, vs. City of Shoreview, et al., Respondents, Jerome P. Filla, Respondent, Kari L. Quinn, …

A Motion to Dismiss is Not a Responsive Pleading Read More »

How to Calculate Judgment Interest in Minnesota

Civil Procedure / By

An experienced Minneapolis, Minnesota attorney knows that calculating prejudgment and post judgment interest can be tricky.  A great resource is a Minnesota Court form that court clerks use as a guide when computing interest calculations.  The court form states:   Judgment Interest Information A confusing aspect of working with judgment interest is that the labels …

How to Calculate Judgment Interest in Minnesota Read More »

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