Greg LeMond and LeMond Cycling Inc. have been battling Trek before Judge Richard Kyle, U.S. District Court, D. Minn., since April of 2008 and Trek now attempts to put an end to the case on summary judgment. LeMond appears to have made a substantial amount of money through his collaboration with Trek, but not what […]
Farmers bought a “pneumatic grain-moving system” manufactured by Defendant Sukup and sold by Defendant dealer Superior. Apparently the system worked a little too well, going at such a high rate of speed that it damaged the grain, notwithstanding efforts by Superior to help Farmers get the system to work correctly. Farmers litigated and settled with […]
In a sale of real property, a mortgage was properly recorded in the grantor-grantee index, but not properly recorded in the tract index in Scott County. Purchaser hired an abstractor who looked in the tract index, but not the grantor-grantee index. Sellers did not tell purchaser about the Mid-Country mortgage to which the parcel was […]
Apparently Dennis Hecker’s former secretary decided to take some documents with her when she left her job working for him and, when served a subpoena by Chrysler Finance, who has a lawsuit against Hecker, she produced the computer files to Chrysler Finance. Now Hecker’s counsel not only wants the files returned, because they were allegedly […]
This blog covered the action brought by Mark Ireland and the Foreclosure Relief Project in connection with the federal HAMP (Home Affordable Modification Program) here. News this week: the complaint was dismissed. (Twincities.com article here.) (Wall Street Journal Real Estate Blog here.) Denial of Foreclosure Relief Project Mot Prelim Inj
If, hypothetically, your business were devising a business strategy that could, if successful, severely impact if not destroy another business, should you “reasonably foresee” litigation at the outset of implementing that business strategy? A person must preserve documents that the person knows or should know will be discoverable in “reasonably foreseeable” litigation. In the hypothetical, […]
An earlier post highlighted U.S. District Court Judge Patrick J. Schiltz’s pragmatic approach to judging. In another example of what might be called “active judging,” Judge Schiltz issued an order today in a garden-variety Truth-in-Lending rescission case giving the parties clear direction on several varied but specific legal issues that the Court deemed important to […]
One of Minneapolis’ largest and most prominent law firms was retained by Deutsche Hypotheken Bank and Landesbank Baden Wuerttemberg (along with US Bank) to defend (successfully!) against claims that they played a role in the terrorist attacks of 9/11/01, the holocaust, the impending rise of the Fourth Reich, violations of the Americans with Disabilities Act […]
The Minnesota Supreme Court today reversed the Minnesota Court of Appeals’ reversal of the Anoka County District Court’s grant of a motion to dismiss based on forum non conveniens (first reported here in February). For the Court, Justice Meyer wrote that a district court may dismiss on forum non conveniens grounds even though the adequacy of […]
Pawn America Minnesota wants to move into my neighborhood. The City of St. Louis Park seemed initially okay with the plan but, prodded by concerned residents, blocked the efforts at least for some time, saying further analysis and review is needed. The “proposed pawnshop operation was structurally different than the city’s other pawnshop because it […]