Nichols Kaster PLLP (FKA NKA (that is, Nichols Kaster & Anderson) has won an appeal before the United States Supreme Court today in a Fair Labor Standards Act (FLSA) case. (The firm’s press release, after the break)
Update (March 17, 2011): A second Minnesota Litigator post this week on class action procedure. This one concerns the procedure for “opting out” of a class action and the possibility of “opting back in.” Last week, Sr. U.S. District Court Judge David Doty (D. Minn.) put the kibosh on the proposed class action hokey-pokey discussed […]
Update (March 17, 2011): U.S. Mag. Judge Janie Mayeron (D. Minn.) grants Afremov’s motion to amend the complaint. Her order is here. It seems that every order in this case sheds a little more light on the murky picture. Then, on further review, the picture may be as murky as ever? (LaFond is alleged to […]
Let’s say your lawyer tells you to report kickbacks you received from business associates on your tax returns as down payments for Persian rugs you’re buying for business associates. Sound okay? He’s a lawyer, right? It’s got to be ok, no? He’s your trusted legal counsel. It is not ok. Let’s say the feds start […]
Minnesota Litigator knows of one Twin Cities lawyer who claims he generally has better relationships with his opposing lawyers than with his clients. This might seem ironic or perverse (and perhaps worrisome for the lawyer’s financial well-being). But the fact is that civil litigators are professional combatants. As in professional sports, they play to win, […]
The latest development of the protracted Michael Afremov professional malpractice case — largely a win for Afremov on cross-motions to compel discovery before U.S. Mag. Judge Janie S. Mayeron (D. Minn.). (Hearing on a motion for partial summary judgment is set for April 27 in this case before U.S. District Court Judge Patrick J. Schiltz […]
When lawyers have to deal with difficult clients, the lawyers at least own some of the blame because no one FORCED that person to be their client (presumably). For the unlucky few, however, there are challenges of “the client who never was a client,” i.e., the client “wannabe.” Alas, many of these cases trace their […]
Sr. U.S. District Court Judge Paul A. Magnuson (D. Minn.) has been assigned the putative class action complaint against Groupon. Deja vu all over again (and again) for Groupon, it seems. The complaint alleges: Groupon’s systematic placement of expiration dates on its gift certificates is deceptive and harmful to consumers. Groupon effectively creates a sense of […]
The Star Tribune has reported Hennepin County District Judge Mary Defresnes’ ruling rejecting a challenge to the state’s 13 year-old DOMA (Defense of Marriage Act). The same day’s Strib reported a significant legal triumph for Fury, a Lake Elmo, Minnesota Chrysler car dealer. The DOMA story named plaintiffs’ lawyer, Peter Nickitas. The Fury story seemed […]
Minnesota Litigator can say without fear of contradiction or controversy that anyone who has worked over the years with Bill Wernz has been fortunate to have had that pleasure and privilege. Now all Minnesota lawyers (and any one else) can benefit from Bill’s life work: legal ethics in Minnesota.