Update (March 24, 2017): Sr. U.S. District Court Judge David S. Doty’s opinion in the dispute described below makes the case look like a no-brainer. Plaintiff Ayala had an agreement with his employer, CyberPower, that his salary would be $X until the business had revenue of over $Y million (at which time he would get […]
Update (March 20, 2017): About three years ago, in connection with the lawsuit of Kokocinski v. Medtronic, Minnesota Litigator expressed reservations about the tough obstacle before plaintiffs’ lawyers placed by the PSLRA (Private Securities Litigation Reform Act) and an alternative avenue toward recovery that plaintiffs and their lawyers were forced to pursue: the shareholders’ derivative lawsuit […]
While every life story is unique, Minnesota litigator Rachhana Srey’s journey (and her whole family’s history) is particularly amazing. Ms. Srey was born in a chicken coop in a refugee camp in Cambodia and she is now a preeminent wage-and-hour class action plaintiff’s lawyer in Minnesota at the law firm of Nichols Kaster. Profiling Ms. […]
Update (March 16, 2017): It is widely known that plaintiffs’ lawyers tend to want juries to decide cases. Defense lawyers tend to want judges to decide cases (aka “bench trials”). The Blue Cross v. Wells Fargo case was no exception. The Blue Cross v. Wells Fargo case went to a jury, with certain issues reserved […]
The Minnesota/Texas law firm of Droel pllc had its lawsuit against a client thrown out of Minnesota court for lack of jurisdiction even though the law firm had exchanged “hundreds” of communications between themselves and Turnkey, their Texas client. Regular readers of Minnesota Litigator know we have a preoccupation with the doctrine of personal jurisdiction […]
Here’s a hypothetical situation: In, say, 2010, John Doe agreed to lend a Business Partner (“BP”) money and, in exchange, BP agreed that John Doe could mine gravel on BP’s real property in years to come. John Doe (“JD”) hired Lawyer to document this transaction in 2010. Lawyer did not have a background in documenting […]
Trademark-related litigation is a common area for disputes on the need for expert opinions. Plasti Dip™ is suing Rust-Oleum in U.S. District Court for the District of Minnesota (Tunheim, J.) for Rust-Oleum’s competing product, FlexiDip™. Both are rubberized coatings that can either be peeled off or left on, both sold at Home Depot, one right next […]
As regular Minnesota Litigator readers (or people who are generally conscious of current events nationwide and worldwide) know, human society is convulsing with change in the realm of sexual mores. As bizarre as it seems, some men and women have radically divergent feelings and ideas about what is “consensual sex” versus what is “sexual assault” […]
Every day, heated controversies force businesses and other large institutions to utter public statements. Here, below is a statement that Macalester College released last November in response to litigation brought by Kristin Naca, a fired Macalester professor: Kristin Naca’s employment at Macalester was terminated as the result of a serious violation of the college’s policies […]
ESI is “electronically stored information” or digital data. The relatively new reality of U.S. litigation is that some degree of knowledge of ESI is critical for every legal matter for every lawyer. “E-discovery” is a particularly nasty sub-part of the ESI beast; it is the management of ESI in litigation — that is, in the […]