The Kuhn Law Firm

Civil Procedure

If a lawsuit is going on can I be a part of it to protect my rights?

A business lawyer can help you protect your rights by intervening a case that affects your rights.  The rule is called intervention.  Rule 24 generally allows you to intervene in a case if you have an interest in its outcome… i.e., you have a claim or defense that shares with the main action a common …

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Can I sue a person or a corporation in federal court that is a citizen of a foreign country?

The answer is that it depends.  Subject matter jurisdiction in federal court for dual citizenship and living abroad under 28 USC 1332. Read below… UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Lela Nadirashvili, Plaintiff, v. Cardiovascular Systems, Inc., Defendant. Lela Nadirashvili brought this action against Cardiovascular Systems, Inc., to obtain a declaration that she owns …

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If I am sued in one court can I later sue them in a different court?

Generally no.  The first filed rule in cases of concurrent jurisdiction requires that the first court in which jurisdiction attaches has priority to consider the case over later filed cases. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Eagle Creek Software Services, Inc., and Kenneth C. Behrendt, Petitioners, v. Jeremy Paradise, Respondent. This matter is before …

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I don’t want to be in federal court, how do I get back to state court?

Typically, if jurisdiction is appropriate a motion to remand to state court in Minnesota will not be successful.  But a motion to remand from federal to state court in Minnesota may work if the defendant is nominal and not a real party in interest. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Laura Maxwell, as Trustee …

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If a dispute does not exceed $75,000 it should not remain in federal court

Minnesota attorneys know that the amount in controversy needs to exceed $75,000 Court will not permit them to now rely on self-serving, contradictory affidavits in an attempt to justify jurisdiction UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Richard and Patricia Martin, Plaintiffs, v. State Fann Fire and Casualty Company, Defendant. MEMORANDUM OPINION AND ORDER This …

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In Minnesota, can I destroy evidence after giving notice to the other party?

Sometimes, yes.  In Minnesota, business lawyers sometimes advise their clients that a custodial party with a legitimate need to destroy evidence may do so after giving reasonable notice to the noncustodial party. David J. T. Miller, Appellant, v. Linda J. Lankow, et al., Respondents, DCI, Inc., Defendant, Donnelly Brothers, Respondent, Total Service Company, Respondent, And …

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Can I sue a corporation or person in Minnesota even if that person lives in another state?

Minnesota business lawyers know that to satisfy due process, a defendant must have “sufficient minimum contacts” with the forum state such that maintaining the suit “does not offend traditional notions of fair play and substantial justice.”     Agri-Cover, Inc., Plaintiff, v. Christensen Manufacturing Corp., Defendant. Civil No. 10-3295(DSD/FLN).United States District Court, D. Minnesota. June …

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Minnesota federal court complaint allegations cannot be exceedingly long and must be supported by existing law

Minnesota business lawyers know that this rule Fed. R. Civ. P. 8(a)(2), requires that a complaint must include “a short and plain statement of the claim showing that the pleader is entitled to relief. . . .” and Rule 11(b)(2) requires counsel, before filing a complaint, to form a reasonable belief that “the claims, defenses, …

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In Minnesota, to get a permanent injunction the plaintiff must demonstrate actual success on the merits

As a Minnesota business lawyer, we understand that the standard for issuing a permanent injunction, requires a showing of actual success on the merits. Aviva Sports, Inc., Plaintiff, v. Fingerhut Direct Marketing, Inc., Menard, Inc., Kmart Corporation, Wal-Mart Stores, Inc., and Manley Toys, Ltd., Defendants. Civil No. 09-1091 (JNE/JSM).United States District Court, D. Minnesota. June …

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