Update (May 31, 2017): We just learned today that, on May 26, the day of our most recent post on Rumble v. Fairview Health Services, et al., (below), the case settled on confidential terms. Plaintiff’s tenuous motion for a continuance of trial filed on 5/23 could not have been helpful leverage for Plaintiff in settlement […]
Minnesota Litigator wishes its readers a happy Memorial Day.
If I wish to harm a person’s reputation, what is to stop me from simply making things up (for example, that the person was involved in a far-reaching financial fraud, that the person engages in bizarre sexual conduct, that the person is a pathological liar)? Obviously, such allegations are serious and harmful. They could form the […]
In our minds, many trial lawyers like to think of ourselves as warriors, clashing our weapons and out-maneuvering our adversaries. Some of us imagine ourselves in an epic struggle of good against evil, a pitched battle for nothing less than Justice — a transcendent reckoning, an adjustment or realignment of reality so that a wrong […]
The lawsuit, Transport Drivers, Inc. v. Coca Cola Refreshments USA Inc. (“TDI” v. “CCR”), in the U.S. District Court (D. Minn.), is a generic and stunningly boring contract dispute (like many others, admittedly). In a nutshell: A predecessor of CCR made a promise to a predecessor of TDI in 1985. CCR and TDI made later promises […]
Dallas Cowboy running back, Darren McFadden, has brought suit in Little Rock, Arkansas against Ameriprise, alleging that an Ameriprise financial adviser stole millions of dollars from McFadden. The Star Tribune reported the story late in the evening two days ago. The Minneapolis/St. Paul Business Journal picked up the story (noting and linking to the Strib’s story) […]
[NOTE: Notwithstanding the auto-populated “by-line,” above and to the left, the post below is by an eminent Minnesota ERISA benefits litigator and counselor, Kate Mackinnon (pictured to the left, from her 2014 Minnesota Litigator profile).] What does it mean that a Minnesota health insurer is bound by a decision of an external review organization? In […]
Update (May 8, 2017): In the Sorin v. St. Jude case, covered here at some length previously, the court awarded Defendant St. Jude, the victor at trial, its costs last week (costs claimed: $49,354.24, costs allowed: $47,444.85). At the same time, Sorin’s motion for a new trial, discussed below, is pending. In an earlier post, we […]
Update (May 5, 2017): Reading Sr. U.S. District Court Judge Richard H. Kyle, Sr.’s recent order on the issue of improper service of process in conjunction with the defendants’ legal brief in support of their motion to dismiss fills us with foreboding for the prospects of plaintiff’s audacious class action complaint based on his receipt of […]
Update (May 2, 2017): In the dirty seed coat war, discussed below, we chalk up another successful prediction of Minnesota Litigator. U.S. District Court Judge Wilhemina M. Wright (D. Minn.) stayed the lawsuit in favor of arbitration. So Plaintiff’s lawsuit was a seven month, plus two weeks, plus two days detour in federal court — […]