(Update February 12, 2015): Camtek, the Israeli maker of silicon wafer inspection tools, has been battling without much success in Minnesota for several years now and the fight continues. (Have you ever tried inspecting your own silicon wafers? Very difficult with the naked eye. I have found that detecting slip lines inside a wafer’s crystalline structure […]
Update (July 31, 2012): There is evidence that repeated and flagrant violations of Rule 11 of the Federal Rules of Civil Procedure is a bad business model. Original post (July 26, 2012): Minnesota Litigator has previously reported on Minneapolis attorney William Butler’s wholly unsuccessful attempts to defend against foreclosure actions using the debunked “show […]
Update #3 (March 28, 2012): The BNSF railroad defended this terrible crossing accident case (described below) by arguing that the railroad met applicable standards of care under Minnesota law and then, after the case was tried before a jury, tried to prevail on a federal preemption theory — that is, arguing to the court that the […]
Attorney John Murrin – of DIAL L-A-W-Y-E-R-S fame – was thrown into involuntary bankruptcy by his creditors after failing to pay over $460,000 in sanctions and costs for pursuing frivolous claims, engaging in bad-faith litigation, and failing to comply with several court orders (which led Hennepin County District Court Judge Denise Reilly to issue a bench […]
In a brief and stern order, U.S. District Court Judge Patrick Schiltz (D. Minn.) lowered the boom on counsel for insurer Hartford Insurance when, after a hearing, counsel submitted supplemental briefing. Judge Schiltz quoted himself in a “closely related context:” ”This is akin to lighting a cigar and then asking, ‘Is it okay if I […]
Earlier this month, the Minnesota Supreme Court heard argument in the matter involving Thomas J. Lyons, Jr., who is widely known in the local bar, if only indirectly by many, through his prolific Fair Debt Collection Practices Act complaints filed in U.S. District Court (D. Minn.). FDCPA claims by Lyons and others represent a substantial […]
Strange as it may seem, the answer under current law in the Eighth Circuit and, in fact, in many federal courts across the country, is unclear. The U.S. Court of Appeals for the Second Circuit has identified the uncertainty and two Second Circuit Judges, Leval and Cabranes, reach opposite conclusions. Having researched this some years […]
Today, the Minnesota Court of Appeals, in a published decision (authored by Judge Stauber), held that, “[I]n order to provide a meaningful opportunity to correct defects, prepare for negotiation or litigation, and safeguard against stale claims…we conclude that a party must provide actual notice of the nature and timing of any action that could lead […]
This recent ruling from Mag. Judge Arthur Boylan illustrates the challenges of being a class action lawyer and also is yet another example of the Court’s general disinclination to impose sanctions. Opt-in plaintiffs in this class action against Domino’s Pizza are pizza delivery drivers alleging violations of the federal and the Minnesota Fair Labor Standards […]
Magistrate Judge Jeffrey J. Keyes, the newest Magistrate judge in the district, has issued an order on a motion for discovery sanctions that practitioners will want to take note of. Judge Keyes reminds practitioners of the existence and importance of local rules on such motions, and cites to an important if somewhat hidden resource: Practice […]