1 Wm. Mitchell J.L. & Prac. 3

By Eric J. Magnuson ψ and Daniel J. Supalla ψψ

I. Introduction

“Lies can save trouble now, but may return in thunder and lightning.”[1]-Mason Cooley

When the Minnesota Supreme Court issued its decision in Hoyt Properties, Inc. v. Production Resource Group, L.L.C. (Hoyt II), 736 N.W.2d 313 (Minn. 2007), many in the legal community were concerned that the court’s decision would unduly constrain settlement negotiations.[2] Much concern was also directed at an attorney’s potential liability for representations made to a client’s adversaries.[3] The court’s decision, however, is not as radical as many initially perceived it to be. All things considered, Hoyt requires no more than telling the truth-and carefully drafting settlement agreements. Continue reading

1 Wm. Mitchell J.L. & Prac. 2

By Mark R. Whitmore, Esq. ψ

A. Introduction

In August 2007, the Minnesota Supreme Court released its decision in the landmark case of Larson v. Wasemiller.[1] In Larson, the Supreme Court recognized, for the first time, that a cause of action exists against a hospital for the manner in which a hospital credentials a physician to see patients within that facility. The Supreme Court determined that it was appropriate to recognize the tort by applying the four-part test from Lake v. Wal-Mart Stores.[2] In so doing, the court fell in line with 30 other states that now recognize a claim for negligent credentialing, leaving only two states that have refused to recognize such a claim.[3] Continue reading

1 Wm. Mitchell J.L. & Prac. 1

By Kirk D. Knutson ψ

In recent decades, as the federal policy favoring arbitration has fully emerged,[1] an increasing number of parties have been turning to arbitration as an expeditious and cost-effective alternative to court. Today, arbitration provisions can be found in a spectrum of contracts, everywhere from motion picture distribution agreements[2] to cell phone calling plans.[3] The prevalence of arbitration agreements has spawned extensive commentary and a substantial body of case law on the feasibility and propriety of class arbitration. Continue reading