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. Read the rest of this entry »
