A Minneapolis, Minnesota business attorney knows that generally, a civil litigant cannot subpoena an opposing party’s emails from Google, Yahoo! or another ISP. Courts have consistently held Yahoo, AOL, and similar services are, indeed, the “electronic communication services” contemplated by the SCA. Stored Communications Act (“SCA”), 18 U.S.C.§ 2701 et seq., which states that an …
A Minneapolis, Minnesota debtor and creditor attorney knows that Minn. Stat. § 518.14, subd. 1 (2010) allows for the award of conduct-based attorney fees “against a party who unreasonably contributes to the length or expense of the proceeding.” Property acquired by either spouse during marriage is presumed marital. Riley v. Riley, 369 N.W.2d 40, 43 …
An experienced Minneapolis, Minnesota lawyer knows that confidential documents are not necessarily privileged and immune from discovery. PROMOTIONAL MARKETING INSIGHTS, INC., Plaintiff, v. AFFILIATED COMPUTER SERVICES, INC., Defendant. Case No. 11-CV-2795 (PJS/AJB). United States District Court, D. Minnesota. August 13, 2012. Kelly G. Laudon, J.H. Strothman, Jonathan M. Bye, and Carol R. Washington, …
Confidential documents are discoverable unless they are privileged Read More »
A Minneapolis, Minnesota business attorney knows that the 30 day time limit to remove a case to federal court begins when the defendant is actually served and not when its statutory agent (e.g., the secretary of state) is served. The majority of courts to consider this question have held that the thirty-day period for removal …
30 day time calculation to remove to federal court can be tricky Read More »
A Minneapolis, Minnesota contract lawyer knows that a party bringing a motion for civil contempt bears the initial burden of establishing a violation of a court order by clear and convincing evidence. Chicago Truck Drivers v. Bhd. Labor Leasing, 207 F.3d 500, 505 (8th Cir. 2000).[5] Once a violation has been established, the burden shifts …
Civil contempt motions must be established by clear and convincing evidence Read More »
A Minneapolis, Minnesota lawyer or attorney knows that courts can properly exercise personal jurisdiction over nonresident officers and directors of a domestic corporation who directly harm a citizen of the forum state. 128 Nev. Adv. Op. 3 CONSIPIO HOLDING, BV, A CORPORATION ORGANIZED UNDER THE LAWS OF THE NETHERLANDS; ILAN BUNIMOVITZ, AN INDIVIDUAL; TISBURY SERVICES, …
Minneapolis, Minnesota business litigation lawyers and attorneys know that by substantially invoking the machinery of litigation, acting inconsistently with the right to arbitrate and by engaging in full litigation discovery addressing the merits of the case a party may waive its right to arbitrate. Here, because the parties have expended time and resources in the …
Minneapolis, Minnesota debtor creditor and business attorneys know that businesses must respond to lawsuits and update their business addresses to avoid the possibility of sanctions. Defendants’ reckless conduct in not responding to this lawsuit caused Plaintiffs’ counsel to expend time researching, drafting, and arguing the Application for Entry of Default, Motion for Default Judgment, …
Minnesota business attorney know that 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. CAPSOURCE FINANCIAL, INC; CAPSOURCE EQUIPMENT COMPANY, INC.; and RANDOLPH M. PENTEL, Plaintiffs, v. KENNETH MOORE and PRIME TIME EQUIPMENT, …
Minneapolis, Minnesota attorneys can be sanctioned for bringing frivolous claims. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA MIKHAIL GURMAN; ESTER KRUGLYAK; VALERIY BABUSHKIN; SVETLANA BABUSHKINA; SVETLANA BARSKIY; RADA SHEVTSOV, f/k/a Rada Babushkina; and VICRO HOME CARE, INC., a Minnesota Corporation, Plaintiffs, v. METRO HOUSING AND REDEVELOPMENT AUTHORITY; METROPOLITAN COUNCIL; CARVER COUNTY COMMUNITY DEVELOPMENT …
Federal court under Rule 11 or § 1927 can shift litigation burden Read More »
