Looks like payback. Walks like payback.  Quacks like payback. (Full disclosure: The author is proud to call Dorsey & Whitney, LLP his professional alma mater, where he learned his chops and where, he knows, integrity and expertise are practiced at the highest standard.)

In the BioE case, a multi-million dollar shareholder dispute that is pending before Hennepin County Judge Lloyd Zimmerman that Minnesota Litigator has covered previously, defendants fought class certification arguing, in part, that the proposed plaintiffs’ class includes many individuals whose claims were subject to arbitration agreements.  As such, defendants argued, a class action was inappropriate […]

Update #2 (September 12, 2011):  Minority shareholders at the mercy of boards of closely held corporations?  Minnesota Supreme Court:  Deal With It Legislatively, The Court Will Not.  In the case described below, decided last week by the Minnesota Supreme Court, minority shareholders in a closely held corporation were, in their view, swindled out of value […]

“My client fell and was badly hurt on your property and it is your fault…”  Is that sufficient detail to state a personal injury claim under the standard in federal court?  Irina Reshetnikova and her lawyer presumably hope so because that is, more or less, the sum total of her complaint, which she brought in […]

Update (September 7, 2011): A significant win for professional malpractice plaintiffs in Minnesota. Original post (March 1, 2011):  The Minnesota Supreme Court recently granted a petition for review of an “affidavit of expert review case” (Wesely v Flor).  Regular ML readers will know that there have been quite a few disappointed plaintiffs in recent years […]

This morning’s Star Tribune reports another aftershock of the subprime collapse, a lawsuit brought by U.S. Bank (or, more specifically, by U.S. Bank as a trustee for a securitized pool of loans on behalf of investors in that financial cesspool).  The gist of the lawsuit is that the defendants, two defunct subprime lenders, basically threw […]

Update #6 (September 7, 2011):  Thwack! The ultimate sanction applied…. Update #5 (August 18, 2011): Plaintiff’s counsel takes up Mag. Judge Franklin L. Noel’s sanctions with U.S. District Court Judge Richard H. Kyle, Sr. (D. Minn.).  From the plaintiff’s perspective the burden of making a strong claim of calculated intentional misconduct (in this case, racial […]

The answer to this seemingly simple question is here.  Or maybe not. It depends what you mean by “located.”  As a practical matter for most purposes, Wells Fargo is more or less ubiquitous in the United States.  As a jurisdictional matter, however, according the the U.S. Court of Appeals for the Eighth Circuit, Wells Fargo is […]

Update (September 2, 2011): As reported below, medical malpractice plaintiff Elliott Kaplan’s surgery did not quite go the way it would have with 20/20 hindsight perhaps, but the jury apparently concluded that perfection, while a worthy aspiration, is not the appropriate standard by which to measure good medical care. Kaplan lost his jury trial, the […]

David J. Scott got mortgage loans from World Savings Bank, which failed/was bought by Wachovia, which failed/was bought by Wells Fargo. 2009 was a rough year for Scott economically as for many of us and he defaulted on two mortgage loans that he had obtained and that he ultimately owed to Wells Fargo to pay […]