As a rule this blog focuses on Minnesota law but some cases outside the jurisdiction are of such importance that they are worth noting. In re American Express Merchants’ Litigation, Docket No. 06-1871 (2nd Circuit, January 30, 2009) is such a decision. In a Sherman antitrust class action claim brought against American Express by merchants, […]
States have long had laws that prevent opportunistic pricing in times of natural disaster or laws that address particularly vulnerable groups. In these challenging times, the Minnesota legislature has addressed the risk that some might seek to exploit those in the dire circumstances of foreclosure. Today brings news of the Minnesota AG’s office seeking to […]
Donnelly Bros. Construction Co., Inc. v. State Auto Prop. & Cas. Co., Minn. Ct. App. A08-0457 (January 26, 2009) Though the technology may exist, it is uncommon to have sensors within the walls of buildings to determine the exact moment when there is water penetration or related damage. Water intrusion in stucco and other home […]
Gilmore v. Walgreen Co., A07-2387 (Minn. Ct. App., January 20, 2009) Plaintiff tripped over an empty pallet at a Walgreen, was injured, and brought suit against Walgreen. The District Court (Ramsey Cty., Higgs, J.) granted summary judgment for Walgreen finding that the impediment was “known and obvious” and thus did not trigger a duty of […]
Lester v. Novastar Financial Corp., 8th Cir. Civ. File No. 8452WM (oral argument, 1/16/09) The Eighth Circuit has upheld the dismissal of several securities fraud class actions over the past two years. How will they react to the dismissal of a fraud claim against a subprime lender? The allegations in the class action plaintiffs complaint […]
Bremer Bank had Dorsey & Whitney LLP, the largest law firm in Minnesota, in its sights for some years in connection with an investment that went South and Bremer lost a lot of money. Dorsey had played a role in the transaction. Dorsey represented an intermediary, Miller & Schroeder, that was soon insolvent. Bremer Bank, […]
Mirfashi v. Fleet Mortgage Corp., U.S. Ct. of Appeals, 7th Circuit, Case No. 07-3402 In a typical Posner opinion (offering a definition of chutzpah and concluding with a one-sentence paragraph: “This case is finito,” for example), the Court of Appeals (7th Cir.) considers a more common scenario than some might think: how much is the […]
In addition to the medical device and pharmaceutical mult-district litigation in the U.S. District Court, D. Minn., the largest Minnesota litigation in 2009 (aside from what will likely be the current but transient MN Senate election-related litigation) will probably be the fall-out from the August 1, 2007 35W Bridge Collapse. Covering the various 35W cases […]
The Minnesota Court of Appeals (Kalitowski, Peterson, Halbrooks) affirmed Olmsted County District Court’s rejection of a Minnesota Human Rights Act (MHRA) claim brought by a couple of women (the Monsons) who were rejected by the Rochester Athletic Club in their application for a family discount on their athletic club membership fee (given to families and […]
Now is no time to envy Minnesota state legislators, with a $4.8 billion budget deficit for a two-year period. They convene tomorrow for the 2009 session. It is a lot easier to think of all that needs to be done than it is to think of what there is to cut.