by Michelle K. Kuhl | Nov 10, 2022 | Appellate Law, Michelle K. Kuhl, News
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...
by Michelle K. Kuhl | Oct 5, 2022 | Appellate Law, Michelle K. Kuhl, News
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...
by Michelle K. Kuhl | Sep 21, 2022 | Appellate Law, Construction Law, Family Law, Insurance, Litigation, Medical Malpractice, Michelle K. Kuhl, News, Professional Liability
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...
by Michelle K. Kuhl | Sep 8, 2022 | Appellate Law, Construction Law, Family Law, Insurance, Litigation, Medical Malpractice, Michelle K. Kuhl, Professional Liability
One of the important but often overlooked Federal Rules of Civil Procedure is 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....
by Michelle K. Kuhl | Aug 10, 2022 | Appellate Law, Litigation, Michelle K. Kuhl, News
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...
by Michelle K. Kuhl | Aug 3, 2022 | Appellate Law, Litigation, Michelle K. Kuhl, News
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...
