A large number of lender defendants bought FirstPlus Bank loans (a California lending institution, now defunct) and were sued by a putative plaintiff’s class under Missouri’s Second Mortgage Loans Act in Missouri state court (which places limits on closing costs and fees in connection with second mortgages). Plaintiffs removed the case to federal court. Lenders […]
Construction defect cases often pose the issue of whether they are beyond the statute of limitation because, often, defects become known gradually over time and the issue is when the plaintiff first knew or should have known about “the injury” (First sighting of a water-stain on a wall? Peeling paint? Small amount of mold? and […]
The United States Court of Appeals will hear argument on 9 a.m. August 18 on the Williams v. National Football League case (a number of consolidated/related appeals, actually) in St. Paul at the Federal Buidling (Courtroom 5A). For background on the battle, see here.
Particularly given the fact that attorneys’ fees often eat into plaintiff’s recoveries, it is a bitter pill when a plaintiff wins on liability but is awarded a fraction of its damages. Such was the case in Hyundai Motor Finance Co. v. McKay (below) in which the Arkansas jury agreed that defendant McKay breached its financing […]
When bringing a whistleblower claim — that is, when bringing a lawsuit claiming wrongful termination for “blowing the whistle” — employees and their counsel must take care and be sure that the whistle-blowing related to a violation of law (“or rule adopted pursuant to law” — i.e., a government regulation). In the Kratzer case decided […]
Today the U.S. Court of Appeals for the Eighth Circuit reversed summary judgment in favor of the employer/defendant in a bizarre case in which an employee appears to have felt persecuted by a co-worker (who also happened to be his boss’ wife) and, among other similar allegations, by her repeated insistence that she could communicate […]
U.S. District Court Judge John R. Tunheim certified a class action under the Fair Debt Collection Practices act, premised on the fact that the debt collector defendant added a fee of 35% of the debt, as a collection fee, on top of the amount of the underlying debt. This, the Court held, was inconsistent with […]
The Minnesota Judicial Branch has released its 2008 Annual Report. The United States District Court, District of Minnesota, has announced proposed changes to local rules (link to redline: here). “The Court will consider adoption of the proposed amendments after reviewing any comments or suggestions submitted on or before August 21, 2009.” Stay tuned for further […]
Last March, in regard to a product liability case concerning a recall of a crib with a defective dropside, this blog suggested a pending Eighth Circuit case, if it went the plaintiffs’ way, would signal a dramatic change in Eighth Circuit law, but went on to predict that plaintiffs would lose. Today, the proverbial “other […]
In a divorce, the ex-husband-to-be made representations as to the value of a business which his ex-wife, after divorce, concluded were false and fraudulent. Ex-wife settled with ex-husband but continued claims against his lawyer and lawyer’s law firm. The lawyer and firm argued, however, that the ex-wife, in settling her claims with the ex-husband should […]