A rather straight-forward statutory requirement of an affidavit of expert review to be filed with a medical malpractice lawsuit has resulted in the dismissal of many putative malpractice actions and, today, another one bites the dust. (A similar requirement provides a threshold defense for other professionals under Minnesota law, here.) In today’s decision by the […]
Farmers bought a “pneumatic grain-moving system” manufactured by Defendant Sukup and sold by Defendant dealer Superior. Apparently the system worked a little too well, going at such a high rate of speed that it damaged the grain, notwithstanding efforts by Superior to help Farmers get the system to work correctly. Farmers litigated and settled with […]
In a sale of real property, a mortgage was properly recorded in the grantor-grantee index, but not properly recorded in the tract index in Scott County. Purchaser hired an abstractor who looked in the tract index, but not the grantor-grantee index. Sellers did not tell purchaser about the Mid-Country mortgage to which the parcel was […]
Life Time used a compensation plan whereby it gave a year-end bonus depending on performance of certain business units. Bonuses were issued quarterly through the year based on then-current financial performance but the company reserved the right to deduct from pay to the extent total year performance did not meet bonus criteria. (For biblical precedent, […]
Construction defect cases often pose the issue of whether they are beyond the statute of limitation because, often, defects become known gradually over time and the issue is when the plaintiff first knew or should have known about “the injury” (First sighting of a water-stain on a wall? Peeling paint? Small amount of mold? and […]
In a divorce, the ex-husband-to-be made representations as to the value of a business which his ex-wife, after divorce, concluded were false and fraudulent. Ex-wife settled with ex-husband but continued claims against his lawyer and lawyer’s law firm. The lawyer and firm argued, however, that the ex-wife, in settling her claims with the ex-husband should […]
In a case up in Duluth, counsel, an individual has brought a lawsuit against the Girl Scouts, an employment dispute, and the Girl Scouts’ counsel is the lawyer who represented the plaintiff back in the 80’s in her dispute with another employer. The trial court reasoned that the issues in the two lawsuits are “not […]
A seller included language in a contract to the effect that, “ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS CONTRACT MAY BE SETTLED IN BINDING ARBITRATION…” Then later “sales confirmations” from a broker include a boiler-plate provision that, “Any controversy or claim arising out of this contract shall be settled by arbitration by the Association […]
Plaintiff artist made paintings, “Infamous Golf Holes,” which he submitted to GM’s Cadillac division for possible use in advertising about ten years ago. Cadillac took a pass but then, plaintiff believes, misappropriated his images or ideas in Cadillac advertising. (Aside: plaintiff appears to have made more than $3 million with his golf paintings over the […]
Plaintiff Newinksi worked for Northern States Power (NSP) during which time he worked with Defendant Crane’s abestos-containing products, which, he alleged, caused his mesothelioma. Newinski also dealt with asbestos-containing products from other manufacturers, but less so. The case involved three defendants and four other potential suppliers of harmful asbestos-containing products that may have contributed to […]