We are thrilled to announce the outstanding Lommen Abdo attorneys who have earned the prestigious recognition of being named in the 2024 Edition of Best Lawyers. These accomplished legal professionals have demonstrated unwavering dedication, exceptional skills, and a...
Minnesota Supreme Court – in Conflicting Opinions – Issues Further Guidance to Practitioners on the Filing Requirements of Rule 5.04(a)
The 2013 amendments to the Minnesota Rules of Civil Procedure enacted substantial changes to Rule 5.04(a), which now plays a crucial role in determining the timeliness of filing a case. It brought about significant change to the long-standing practice of so-called...
Mastering Summary Judgment: Strategies to Seal Your Case With Precision
In the legal realm, summary judgment is a crucial procedural tool that allows parties to seek a prompt resolution of a case without going through a full trial. Prevailing on summary judgment is much less costly than proceeding through trial, and understanding the odds...
SCOTUS Clarifies Requirements for Preserving Issues for Appeal
Properly preserving legal arguments at the trial court is crucial for setting a case up for a successful appeal. For years, courts across the country have been divided on whether a purely legal issue raised in a summary judgment motion must be reasserted post-trial in...
Recent Case Highlights Importance of Timing as Consideration for Appeal
It’s no secret that appeals can take a long time. As I described in a previous post, that is one of the factors that should be considered in deciding whether to appeal. Recently, the Minnesota Supreme Court issued a decision that illustrates this point. Specifically,...
Dress Codes and Discrimination
Michelle Kuhl and Heidi Torvik authored an article in the winter edition of With Equal Right, the Official Journal of Minnesota Women Lawyers published on January 20, 2023. Read the full article here. In this article, they discuss the recent decision by the Fourth...
Minnesota Supreme Court Adopts the Common Interest Doctrine
Attorney-client privilege is the bedrock of the American legal system. It allows clients to speak openly and honestly with their counselors in a way that guarantees the free flow of information and ideas necessary for effective representation. But when numerous...
Supreme Court Clarifies the Confusing Question of When Probate Court Orders Are Appealable
Determining whether a probate order in a supervised administration is appealable can be challenging. Minn. Stat. § 525.71(a) lists a dizzying array of 17 types of probate orders that are immediately appealable. But probate courts make many decisions that do not fall...
Minnesota’s Collateral Order Doctrine Turns 20
Twenty years ago, the Minnesota Supreme Court formally adopted the collateral order doctrine in Kastner v. Star Trails Ass’n, 646 N.W.2d 235 (Minn. 2002). In the years since then, the appellate courts have applied the doctrine several times, but it remains a...
The Rare Remedy of Writs
The appellate rules specifically list the types of trial court decisions that can be appealed. Usually this requires a final judgment, which occurs at the very end of the litigation in the trial court. But on rare occasions, a trial court may make a decision that is...
How to Proceed When Dying Doesn’t Kill Your Case
One of the important but often overlooked FRCP Rule 25, which allows for substitution when a party has died. This Rule was recently addressed by the Eighth Circuit in Benacquisto v. Am. Express Fin. Corp., 2022 WL 3133437 (8th Cir. Aug. 5, 2022). Motion for...
The Long Road to Reversal (or Affirmance)
One consideration in deciding whether to appeal is how long it will take to obtain a decision from the appellate court. Luckily, most appeals in Minnesota follow a fairly predictable timeline, so it is possible to plan ahead. Ordering Transcripts The first step after...
Counting Down to Your Appeal Deadline
Whenever you are considering appealing a district court decision, it is crucial to immediately calculate the appeal deadline. Unlike some other court deadlines, the appeal deadline generally cannot be extended or waived the court. If you miss the deadline, you lose...
Lommen Abdo Welcomes Michelle Kuhl as Shareholder
We are happy to announce that Michelle Kuhl has been elected a shareholder at Lommen Abdo. A Love of Learning Leads to Appeals From an early age, Michelle has always enjoyed learning as much as she can about many different things. As a result, while she enjoyed...
To Appeal or Not to Appeal. That Is the Question.
Upon receiving an adverse ruling from a district court, many people instinctively want to appeal the decision immediately and assume that doing so will quickly result in reversal. The reality is not so simple. There are many factors that must be considered before...
A Closer Look at Our New Website!
Lommen Abdo recently launched a new website, www.lommen.com, complete with easier to access practice area pages, updated attorney biographies and a fresh new look. We sat down with Lommen Abdo President, Marc Johannsen, to ask him a few questions about the new site....
Eighth Circuit Reaffirms Validity of Household Exclusion Clauses
The Eighth Circuit recently reaffirmed the validity of household exclusion clauses in boat insurance and umbrella insurance policies under Minnesota law. Such exclusions are common and operate to deny liability coverage for personal injuries to the named insured and...
Recognizing Our 2021 Minnesota Super Lawyers and Rising Stars
Lommen Abdo attorneys are recognized by their peers in the 2021 Minnesota Super Lawyer lists. Congratulations to Bob Abdo, Creig Andreasen, Keith Broady, John Crawford, Kay Nord Hunt, Marc Johannsen, Cameron Kelly, Reid Lindquist, Kathleen Loucks, Mike Moline, and...
The Right Choice
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