U.S. District Court Judge Joan Ericksen (D. Minn.)concluded her 32-page award of summary judgment in defendants’ favor issued today with a literary reference: In light of the relatively small amounts of the three misstatements at issue, and the apparent low risk that Defendants pose to shareholders of U.S. publicly-traded companies, the Court questions whether the […]
If you think of a Möbius strip as a loop turning infinitely in upon itself, it might be an apt metaphor for the strange scenario playing out in federal courts in Minnesota and in Indiana where a company, Loparex, is doing battle on two fronts in litigation arising out of the acquisition of a business […]
Wells Fargo made a mortgage loan, then failed to record the mortgage for whatever (undisclosed) reason, so that, when borrower/homeowner filed for bankruptcy, Wells Fargo was a mere unsecured lender due to its failure to perfect its security interest by recording it. Wells Fargo had been designated as a secured creditor throughout the bankruptcy due […]
Readers of this blog and those in the Minnesota medical malpractice bar are well aware of Minnesota’s statutory requirements for medical malpractice claims. Today, the Minnesota Court of Appeals issued an opinion (by Judge Louise Dovre Bjorkman, appointed by Gov. Pawlenty to the Court of Appeals in June, 2008, and joined by Judge Jill Flaskamp […]
The University of Minnesota Law School and the Federalist Society for Law & Public Policy Studies are hosting a forum on January 28 to discuss the future of judicial elections and judicial independence in Minnesota. (Details here.) Forum speakers will include Minnesota Supreme Court Justice G. Barry Anderson (’79), Administrative Law Judge at the Minnesota […]
Strange as it may seem, the answer under current law in the Eighth Circuit and, in fact, in many federal courts across the country, is unclear. The U.S. Court of Appeals for the Second Circuit has identified the uncertainty and two Second Circuit Judges, Leval and Cabranes, reach opposite conclusions. Having researched this some years […]
A Minnesota company got into a commercial dispute with a Florida company about an employee, working in Florida, who jumped ship from the Florida to the Minnesota company (again, still working in Florida). The two companies had the proverbial “race to the courthouse” filing competing actions on the same day, one in Minnesota federal court […]
Second and Eleventh Circuits “went live” with the CM/ECF electronic court docketing system on January 4, which makes all U.S. Courts of Appeal now on the system and all more broadly accessible (though still not as accessible as some would like).
A Pyrrhic victory is defined as a victory that comes at such devastating cost that it is a victory in name only. In truth, it is a lost battle, masquerading as a win. Our language does not seem to have an expression for the opposite situation — a won battle, masquerading as a loss. I […]
Actually, it’s not. As part of its monitoring of U.S. Eighth Circuit Court of Appeals decisions, the author notes from the affirmance of a denial of a petition for a writ of habeas corpus (shorthand: prisoner loses gambit to get out of prison) that the warden of the medium-security Federal Correctional Institute in Forrest City, […]