“Mind the gap” is a memorable warning to London underground travelers. It is also an appropriate warning to civil litigators regarding federal jurisdiction. And U.S. District Court Judge Richard H. Kyle issued the warning this week in a class action removed from state court involving “gap insurance,” as it happens.
Perhaps on some level it is gratifying for a district court to be “vindicated” by the U.S. Supreme Court after reversal by the intermediate appellate court? This past week, U.S. District Court Judge Donovan W. Frank (D. Minn.) reinstated his 2007 ruling in the Gallus v. Ameriprise case in light of Jones v. Harris Associates […]
Readers of Minnesota Litigator know that U.S. District Court Judge John R. Tunheim has been presiding over a multi-week trial in a Levaquin bellwether trial. He has another substantial trial on the calendar soon. Of course, he has many additional cases assigned to him as well. Meanwhile, a seat on the district court […]
The jury awarded John Schedin $700,000 in compensatory damages (with 75% liability assigned to J&J, 25% shared between Schedin and his personal doctor). $1.115 million in punitive damages. The Johnson & Johnson shareholders do not seem overly concerned.
A casino construction project goes bust. The financing lender is shut down by the FDIC. The FDIC and an entity that became a successor to some of the assets spun off of the shut-down bank moved against the guarantors on the loan. The guarantors did what they could defensively. They had to concede that the […]
One aspect of civil litigation appreciated by many practitioners if not more broadly by the public at large is that, though adversarial, there is often a considerable degree of cooperation between adversaries in litigation. Lawsuits are fought over weeks, months, and, often, years. Logistics to facilitate the exchange and review of documents and electronic data, […]
UPDATE: John Schedin’s “bellwether” Levaquin case is heading to the jury… November 30, 2010 P0st: John Schedin took the medicine Levaquin in 2005 and soon after suffered injury to both his achilles tendons, a known risk of the drug for a relatively small number of users of the drug, an antibiotic. Levaquin included a warning […]
Novo Nordisk is familiar to many as a National Public Radio sponsor but is familiar to Minneapolis-based Paddock Laboratories as a competitor in “pharmaceutical combinations” for the treatment of Type2 diabetes. In fact, Paddock apparently submitted an abbreviated new drug application to the FDA (an “ANDA”) for generic repaglinide and, in connection with that, sent […]
UPDATE: U.S. District Judge Robert M. Dow, Jr. (N.D. Illinois) rejected the five-state challenge (or at least the claim for preliminary injunctive relief) to Illinois’ refusal to close its locks and prevent Asian Carp from invading the Great Lakes (NPR coverage is here). Michigan’s Attorney General Mike Cox chided the President: “Obama’s persistent failure […]
In January, if all goes according to schedule, U.S. District Court Judge John R. Tunheim (D. Minn.) will have finished the MDL Levaquin trial over which he has presided in recent weeks and he will be presiding over another lengthy trial: Insignia Systems v. News America Marketing, a false advertising/antitrust trial, pending before the Court […]