Update (August 2, 2019): We predicted this one correctly. Update (May 3, 2019): The Minnesota Court heard argument in the the case described below, Engstrom v. Whitebirch, this week. For those of you looking for a rule of thumb for predicting outcomes of appellate courts, watch the video of this oral argument. Watch the questioning […]
Summer can be a slow time for sports fans. Basketball season is over, football season hasn’t started, and, while baseball season is still going, some fans know that their team’s season is effectively over (see: Minnesota Twins). But one season has been alive and very active this summer: college sports litigation! The NCAA has been […]
Update #3 (May 17, 2011): The Mooney class action was filed in U.S. District Court (District of Minnesota) in February, 2006. Anyone who wants to track the long hard road of nationwide class action litigation should read the string of posts below and U.S. District Court Judge Ann D. Montgomery’s decision, issued last week, in […]
Minnesota Litigator wanders outside of Minnesota and Eighth Circuit jurisprudence from time to time for important decisions in sister circuits, neighboring states, or the U.S. Supreme Court and a recent decision out of the Seventh Circuit warrants mention. The Class Action Fairness Act of 2005 made it easier to get class action litigation into federal […]
Defendant Uponor, Inc. sought the dismissal of a class action complaint against it, arguing that the complaint was insufficiently detailed (failed to meet Rule 9(b) requirements of “particularity”), that plaintiffs had failed to allege damages, that plaintiffs’ negligence-based claims were barred by the economic loss doctrine, that plaintiffs’ warranty claims failed due to the failure […]
Coming on the heels of the less-than-entirely successful Czech case, reported below (state claims were dismissed without prejudice saving the case from an outright defeat (subject to appeal, of course)), it seems only fair to highlight a case in the same industry in which the same plaintiffs’ class action counsel, Rob Shelquist of Lockridge Grindal, […]
U.S. District Court Judge David Doty won’t be deciding Plaintiffs’ motion to certify class against MoneyGram until after a class certification hearing set for Feburary 10, 2010 but the opposition to the motion, below, is of interest on at least a few levels. First, the fact that MoneyGram is contesting class certification at all is […]
While holding that plaintiffs (represented by Nichols Kaster & Anderson) cannot pursue their tip-sharing claim against Starbuck as a class action, the United States District Court, D. Minn. (Judge Patrick Schiltz), recently held that Starbucks policy violates Minnesota law. (Nichols Kaster & Anderson have brought similar claims against Caribou coffee and a Minneapolis strip club.) […]
Latest news re: Home Affordable Modification Program (HAMP) Class Action: Judge Ann D. Montgomery heard argument this afternoon on plaintiffs’ motion for a preliminary injunction in this putative class action on behalf of individuals who have sought government assistance to avoid foreclosure and eviction from their homes under the HAMP and have been denied that […]
1) Three-years of litigation, three-week trial, one day’s jury deliberation: Plaintiffs zeroed… In a long and certainly hard-fought class action battle against Allianz Life Ins. Co. of Golden Valley, plaintiffs, led by Karl Cambronne came up empty-handed. Allianz was repesented by a phalanx of lawyers from Jordan Burt, which focuses on insurance and financial services. […]