As reported here back in March, the U.S. Court of Appeals for the Eighth Circuit heard argument and has now ruled on a case in which the District Court held that a non-signatory to an arbitration clause could enforce the clause against a signatory to the agreement. Today, in a published decision, the Eighth Circuit […]
In an earlier post, this blog covered a case decided today by the U.S. Court of Appeals for the Eighth Circuit, reversing the U.S. District Court, District of Minnesota. In the earlier post, I opined that the District Court’s decision elevated form over substance and the Eighth Circuit appears to have reached the same conclusion.
Senator Al Franken, then and now…
We have all seen the promotions — a free box of steak if you get your windshield replaced at a particular vendor. Here’s the legal backdrop giving rise to the box of steaks: Minnesota law requires auto insurance. Minnesota law requires that auto insurers cover windshield replacement. Minnesota law provides that insureds are allowed to […]
The Computer Fraud & Abuse Act (CFAA), a federal statute, recognizes private causes of action for individuals damaged by computer fraud. From the “plain meaning” of the words Computer Fraud and Abuse Act, one might not think that the law would apply to the admittedly annoying situation of receipt of unwanted SMS texts on one’s […]
In a variant of the classic game show, Let’s Make a Deal, after a jury returned a $100,000 verdict for plaintiff, Judge Ericksen gave plaintiff the choice between a reduced verdict (“remittitur”) of $50,000 or another jury trial on the issue of damages. Plaintiff opted for “Jury #2” and the jury came back with damages […]
This is a newly filed lawsuit — filed today. Signed Filed Complaint MN AG v. Arbitration Company
In a case up in Duluth, counsel, an individual has brought a lawsuit against the Girl Scouts, an employment dispute, and the Girl Scouts’ counsel is the lawyer who represented the plaintiff back in the 80’s in her dispute with another employer. The trial court reasoned that the issues in the two lawsuits are “not […]
Back in April, I reported a set-back for American Express at the Eighth Circuit. Yesterday, the case, having been remanded to the United States District Court (D. Minn.), was stayed “until such time as Defendants file a petition for writ of certiorari to the United States Supreme Court. At the same time as the petition […]
Back in March, this blog report that Grand Casinos and well-known Minnesota business man, Lyle Berman, represented by Dorsey & Whitney LLP, are pleading fraud, conspiracy, negligent supervision, and RICO against the prominent plaintiffs securities class action law firm, Milberg Weiss, based, primarily, on the fact that Milberg worked with a damages expert who accepted […]