Arbitration provides an alternative for resolving disputes outside of the traditional litigation process. Minnesota has adopted the Revised Uniform Arbitration Act (RUAA) which provides the framework for the arbitration of purely intrastate disputes. For those transactions involving interstate commerce, the Federal Arbitration Act (FAA) controls. A fundamental objective of these laws is to encourage and
Minneapolis Litigation Lawyers
Litigation is a civil action brought in court to enforce a right or settle a dispute. The dispute could be over money or ownership of a property or business. The party bringing the action is called the plaintiff. The party the lawsuit is brought against is the defendant.
A lawsuit is commenced when the plaintiff serves a summons and complaint upon the defendant. A summons is a document that demands a response or appearance. A complaint is a document that outlines the plaintiffs alleged facts, legal reasoning, and relief sought.
The defendant must submit an answer to the complaint within a certain period of time, depending on the jurisdiction in which the case is being brought. The answer is a document in which the defendant replies to the allegations brought by the plaintiff and asserts defenses.
The next phase is discovery. Discovery is where both sides exchange information and documents related to the case. Discovery can be conducted through interrogatories, requests for production of documents, requests for admissions, motions, expert witnesses, and subpoenas. The extent and context of discovery process varies depending on the complexity and jurisdiction of the case.
Trial is usually held in front of a judge and jury. During a trial, each side presents their side of the case using evidence and witnesses to support their statements. The judge or jury then decides the outcome the case.
From initiation to trial, civil litigation often takes over a year. Most cases settle prior to trial. Litigation is complex; each situation has its own complexities.
If you are considering litigation, it is in your best interest to speak with an experienced litigation attorney. There are countless ways to approach litigation. An experienced litigation attorney can ensure you understand all your options and possible outcomes, as well as tailor a specific strategy for success.
If you find yourself defending you or your business against civil litigation, an experienced litigation attorney could save you time and thousands of dollars. Litigation attorneys understand the specific rules and tight deadlines set by the court. If you attempt to defend yourself or your business without an attorney you risk missing an important deadline, which could consequently lose your case.
A Crack in the Shield?
Malpractice Coverage at Risk
This is a guest article from Professor Daniel Kleinberger. Prof. Kleinberger is the director of the Mitchell Fellows Program at the William Mitchell College of Law. He was the reporter for the MSBA Business Law Section Task Force that developed the Professional Firms Act and the principal drafter of the act. A recent, unreported opinion of the
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Payment Due to Subcontractors from General Contractors
Back in the early 2000s, the Minnesota legislature revised Minn. Stat. § 514.02 to assist subcontractors in receiving payment for labor and materials used on a residential construction project through a civil action. The re-working of Section 514.02 also allows for homeowners who have properly paid their general contractor, who then in turn fail to
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Minnesota's Anti-SLAPP Law: A Powerful Tool to Combat against Unfounded Defamation Lawsuits Lawmakers have recognized that defamation lawsuits (e.g. claims libel or slander) are sometimes used as tools to harass and intimidate citizens who appeal to their government for assistance. Hence, many states, including Minnesota, have enacted laws protecting citizens against strategic lawsuits against public
California Appeals Court Upholds the City of Dana Point’s Nuisance Action against Medical Marijuana Dispensary In 2010, the City of Dana Point (the “City”) filed an action against David Lambert (“Lambert”) and the dispensary he operated, Beach Cities Collective (“BCC”) alleging abatement under the narcotics abatement legislation (Section 11570), public nuisance, violation of the City’s
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The tort of product disparagement is very closely related to the tort of business defamation. However, product disparagement provides a cause of action to businesses when it can prove that it was harmed by false statements that disparaged its product, not necessarily a statement that disparaged the business’s reputation. Both common law and statutory causes
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Plausibility Standard, Not Applicable in Minnesota
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What is a Summary Judgment? Summary Judgment in Minnesota Courts
If you are hearing the term summary judgment and are concerned, your concern may be justified. A summary judgment is a ruling on a case or an aspect of a case before trial. If granted, it means the case or aspect of the case will never be litigated again (unless the judgment is successfully appealed).