Update (April 23, 2018): The Minnesota Supreme Court reversed the Court of Appeals’ indemnification decision in the collapsed table accident, described in earlier posts: Although we may uphold the enforceability of a contractual indemnity clause, we disfavor agreements seeking to indemnify the indemnitee for losses occasioned by its own negligence… Accordingly, we strictly construe such indemnity […]
Update (April 20, 2018): Large U.S. law firms are multi-million dollar businesses, as we all know. Not one, to our knowledge, is a monarchy, a tyranny, or an institution with a single almighty decision-maker. This fact has its advantages and its drawbacks. A single decision-maker can make decisions a lot more quickly. Sometimes, this can […]
If a personal injury plaintiffs reject medical care, can they sue tortfeasors for their injuries, including their pain and suffering? If personal injury plaintiffs sue tortfeasors for their injuries, do they have to run their medical treatment plans past the tortfeasors to get their ok as a prerequisite to recovering their medical costs from the tortfeasors? […]
Leonetti’s Frozen Foods, Inc. hired Rew Marketing to help promote Leonetti’s frozen stromboli. Through Rew, Leonetti’s was working on a deal to get its stromboli into Sam’s Club, the huge retail warehouse club/grocer owned by Walmart. Rew helped Leonetti’s meet the stringent requirements that Sam’s Club imposed (“two crucial tests”) to get its stromboli sold […]
Update (April 13, 2018): Following up on the putative Uber data breach class action, discussed below in an earlier post, here is the plaintiffs’ argument for why the Court should disregard the arbitration clause in Uber’s Terms & Conditions: Defendants do not seek to compel arbitration on a bad ride, an over-charge, or the like, […]
Update (April 9, 2018): We recently stumbled across the linked order from U.S. District Court Chief Judge John R. Tunheim (D. Minn.) in which he denied plaintiffs’ request to amend their securities fraud class action complaint (Lusk v. Lifetime) because the plaintiffs made no formal motion to amend until the hearing on the motion for […]
Those of you who live by Betteridge’s Law of Headlines will pounce on the “NO” answer but think again. Susan Warren went to Essentia Hibbing Clinic in August, 2014 complaining of abdominal pain, fever, chills, and other symptoms. She saw a nurse practitioner who thought Ms. Warren should be admitted to the hospital but the […]
A Minnesota business, Rust Consulting Services (“Rust”), has been in the business of “legal administration services” for forty years. That is, it administers class action settlements, regulatory settlements, mass tort settlements, remediation programs, data breach responses, and product recalls. Schneider Wallace Cottrell Konecky Wotkyns LLP is a California-based “national plaintiffs’ law firm handling complex high-stakes litigation” […]
How in the world can one explain lawyers drafting a “Memorandum in Support of Motion for Order to Release Funds at Financial Institution,” an accompanying declaration (with an exhibit), and a proposed order, to get an order from the court (a writ) to recover $47.95 from a bank account? Without question, the cost of the […]
Minnesota litigators have complained about so-called unpublished Minnesota Court of Appeals opinions for several years. See Lawrence R. McDonough, To Be or Not To Be Unpublished: Housing Law and the Lost Precedent of the Minnesota Court of Appeals, 35 Hamline L. Rev. 1, 22 (2012). Minnesota Supreme Court Justice David Lillehaug brought attention to the issue […]