As discussed just yesterday on this blog, widely known car dealer Denny Hecker seems somewhat against the ropes in the bankruptcy cases (and the divorce case) in which he is involved. Clearly he’s still got some fight in him. Today, he filed suit against GMAC. (Complaint after the break)Hecker v GMAC height=”500″ width=”100%” > […]
In third quarter ’09, this blog reported an Eighth Circuit decision holding that a business that did not enter into an arbitration agreement could not compel arbitration based on an arbitration clause to which it was not a party. In today’s decision, the U.S. Court of Appeals for the Eighth Circuit (Melloy, J.) held under […]
This morning’s Star Tribune reports that Judge Robert Kressel’s patience is being tried by what he views as a less than forth-coming attitude by Hecker in regard to Hecker’s obligations to produce documents in discovery related to Chrysler Financial’s claims against Hecker. On a different front, U.S. District Court Judge Magnuson affirmed Judge Kressel’s early order […]
Former BBB CEO Albert Lee Hubbell suffers from bipolar disorder, which he shared with his employer. Nonetheless, revenue increased under his leadership, he was highly praised in 360-degree reviews, and he was well compensated. But he apparently neglected to share that he involved the BBB in a business transaction with the romantic partner of a […]
This case, Kirkland v. Wyeth, arising from hormone replacement therapy lawsuits (prempro), was covered on this blog here. The Eighth Circuit’s description of today’s opinion (and link to the opinion)(Bright, Author, with Murphy and Riley, Circuit Judge) is here. (In the earlier post, readers may note I made a prediction which proved wrong, although I […]
This fight between T-Mobile and RPC Properties has gone up to the Minnesota Supreme Court, back down to the trial court, and back up to the Court of Appeals and it would seem the entire dispute might be about no damages or, at most, substantially less than $100,000. For those who think “fee-shifting” (that is, […]
A trademark fight that celebrates its third birthday in the U.S. District Court, D. Minn., in less than two weeks, is set for court trial on February 8. Louis Roederer’s Cristal-brand champagne sells for over $150/bottle. Defendant’s Cristalino “Brut Cava” (not champagne, the defendant will no doubt stress) is less than $10/bottle. U.S. Judge Joan […]
Defendant Uponor, Inc. sought the dismissal of a class action complaint against it, arguing that the complaint was insufficiently detailed (failed to meet Rule 9(b) requirements of “particularity”), that plaintiffs had failed to allege damages, that plaintiffs’ negligence-based claims were barred by the economic loss doctrine, that plaintiffs’ warranty claims failed due to the failure […]
“It’s a business issue, even though it is the dispensing of the embodiment of Christ that we are talking about…”
The key point of Ramsey Court Chief Judge Kathleen Gearin’s decision: The Legislative branch has the fundamental constitutional power to appropriate the public funds. This power is tempered by the Governor’s veto authority. Their policy differences regarding how to deal with Minnesota’s present budget situation can only be resolved by them. Those branches have the […]