…In order to find someone guilty of Attempt to Commit Theft By Swindle, it is not necessary that the target or targets of the alleged swindle believed that the false representations were true. The Court of Appeals (Peterson, Wright, Ross) rejected Riddle’s challenge to the pattern instruction and rejected his challenge to the added instruction addressing Hopeman’s imperviousness to the scam, as well. … Continue reading →

The New York Times recently covered the U of M Law School’s release of letters to and from Clarence Darrow. Robins Kaplan lawyer and Darrow scholar, Randy Tietjen, is responsible for the discovery of a treasure trove of Darrow letters. You can search the Darrow letter digital archive by year, by people (Helen Keller, Frank Lloyd Wright, Minnesota’s own Sinclair Lewis, and many other luminaries), and by text. The exchange between Darr… Continue reading →

…l physical evidence of the alleged damage to the home and exclude any expert reports relating to the moisture intrusion and mold infestation (and thus, of course, torpedo home-buyers entire case)? “Yes,” concluded Wright County District Court Judge Stephen M. Halsey, and “Yes,” affirmed the Minnesota Court of Appeals in a decision first reported by Minnesota Litigator here. The case will be argued before the Minnesota Supr… Continue reading →

… be voided due to “mutual mistake.”  You would probably lose. Based on the recent published Minnesota Court of Appeals decision, SCI Minnesota Funeral Services, Inc. v. Washburn-McReavy Funeral Corporation (Judges Wright, Larkin, and with Judge Worke, dissenting), you might find yourself out of luck.  In SCI Minnesota Fun. Servs.,  the seller meant to sell three cemetery and funeral-home businesses  through a stock sale, with a cost o… Continue reading →