NFL Players Association v. NFL re: Suspensions for a Banned Substance The United States District Court, District of Minnesota (Magnuson, J.) ruled on cross-motions for summary judgment, arising in a lawsuit that followed an arbitration wherein the NFL prevailed over the claims of several suspended NFL players (Vikings and Saints). The Players Association raised several […]
The state has passed a Minnesota equivalent to the federal false claims act, after having tried unsuccessfully to pass a similar bill in the last three sessions (the twenty-third state to have done so). Mike Hatch, former Minnesota AG, opposed the law. Effective July 1, 2010. Link to the text of the new law.
From Akin Gump’s Scotusblog.com, Supreme Court-monitoring website, comes the following news of the U.S. Supreme Court’s consideration of a petition for a writ of certiorari from the 8th Circuit. The 1/18/02 Canadian Pacific (“CP”) freight train derailment resulted in a toxic release, evacuation, injuries and lawsuits (several in the U.S. District Court for the District […]
A guest at a house along with his parents, a three year-old child climbed on an unsecured empty bookcase, which fell on him and caused serious injuries. The Minnesota Supreme Court affirmed the Minnesota Court of Appeals affirmance of the trial court’s grant of summary judgment in favor of the land-owner/defendants. The courts all held, […]
In one of three bellwether cases in the Eastern District of Arkansas (three of 10,000 cases pending before Judge Wilson) for the prempro hormone replacement therapy cases, the major issue on appeal, argued on May 12, is plaintiff’s proof of cancer causation — a theory contested by defendants and a theory rejected by the Court. […]
An all-too-frequent misfortune is the over-inclusive or the under-inclusive settlement. A recent Minnesota Court of Appeals decision reflects a litigant’s apparently inadvertent surrender of a negligence claim. A tree company (“TC”) contracted with a horticulture specialist (“HS”) to spray the tree company’s trees. The tree company, unhappy with HS’ performance, withheld the $3,500 payment for […]
Continential Airlines just lost on a motion for summary judgment before Judge Kyle, U.S. District Court Judge, D. Minn., in a personal injury case arising from a set of stairs where one of 20-odd steps was 2.5 inches higher than those preceding it and, as a result, plaintiff alleges she tripped and was injured. Property […]
This week, reversing the U.S. Court of Appeals for the Sixth Circuit, the US Supreme Court (Scalia, writing for the majority) held that no federal law bars a State from allowing one party, a non-signatory to an arbitration agreement, from invoking an arbitration agreement signed by an adversary with a third-party and, on that basis, […]
Minnesota Supreme Court Chief Justice Eric J. Magnuson has proclaimed May 4-8 Juror Appreciation Week. The Judicial Branch will use this occasion to express appreciation for those Minnesotans who have answered the call to jury service. Granted, our court system relies on the significant commitment, dedication, and sacrifice of those who serve on juries but […]
For the time being, it seems that the possibility of a newly imposed tax on legal services in Minnesota has diminished. The linked blog entry and accompanying comments are by an large informative of the issues and respective positions. In my view, while recognizing that Minnesota courts are desperately underfunded, the cost of U.S. legal […]