Civil Procedure

Generally, a civil litigant cannot subpoena an opposing party’s emails from Google, Yahoo! or another ISP

If the opposing party unreasonably increases the length or expense of a case you may recover attorney fees

Confidential documents are discoverable unless they are privileged

30 day time calculation to remove to federal court can be tricky

Civil contempt motions must be established by clear and convincing evidence

Officers and directors of a Minnesota corporation who live out of state can still be summoned to Minnesota.

If you are sued in court and want to arbitrate the dispute, move quickly to arbitrate the matter.

Businesses may face sanctions if they do not respond to lawsuits and update their addresses

Federal courts construing conflicting forum selection clauses governing separate claims raised in a single action often decline to enforce both clauses out of concern for wasting judicial and party resources.

Federal court under Rule 11 or § 1927 can shift litigation burden

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