UPDATE: Former landowner, BNSF, fails in its second attempt to escape a personal injury claim on summary judgment based on the fact that it no longer owned the land when Plaintiff Darcy Green sustained his ATV injury having run into BNSF’s concrete remnants of an old railroad bridge. Original Post, April 17, 2010: In mid-June, […]
Plaintiff Alice Staab was injured when she fell from her wheelchair as it went over an unmarked four to five inch drop-off at the Holy Cross Parish School. At the time, Staab’s wheelchair was being pushed by her husband, Richard. Alice Staab sued the Diocese of St. Cloud for negligence. A jury trial was held. The jury found the […]
UPDATE #2 (11/30): Mag. Judge Franklin L. Noel’s recent order on the matter described below: “Before the Court is the parties’ Stipulation To Strike Certain Docket Entries, including two orders of the Court. Documents filed in the case, and in particular orders of the Court, are official records of what happened in the case. As […]
UPDATE: In a big win for Defendant, TCF, U.S. District Court Judge David S. Doty (Sr. Judge, D. Minn.) has granted TCF’s motion to stay proceedings and compel arbitration. Original post (10/21/10): [An ancient legal “tenet” is “de minimis, non curat lex,” literally translated, “of minimal things, the law does not concern itself.”] TCF Bank […]
As Minnesota Court of Appeals Judge Roger M. Klaphake ruled this past week, “Minnesota courts have not addressed whether an employee can have an expectation of privacy in a company email account, although other jurisdictions have examined this issue. Conclusions are mixed.” Most employers and certainly all large employers have email policies. These tend to […]
Attorney David L. Wilson, in conjunction with the University of Minnesota Law School clinic, has launched a putative class action in Hennepin County District Court alleging that the City of Minneapolis has unfairly imposed its property tax burden on poorer North Minneapolis neighborhoods, as compared with the more privileged Southern half of the city. Minneapolis […]
The Loparex litigation has been noted in Minnesota Litigator a few times already for the heatedness of discovery disputes in the case. Here we go again… The case involves counter-claim allegations that Plaintiff Jon Hanson made comments to a European bank that, in turn, based on those comments, launched an audit at significant expense to […]
The newest appointment to the Minnesota Supreme Court, Associate Justice David R. Stras, has authored his first Supreme Court opinion, issued this week. No dramatic entrance here, a unanimous decision, affirming the Court of Appeals, which had affirmed the district court as to whether a particular Minnesota statute permits a court to discharge a portion […]
UPDATE: This week, the Minnesota Supreme Court granted petitions for review of 35W Bridge-related cases (appellate decisions here and here). Original Post, 8/24/2010: One of the primary targets of the 35W bridge collapse victims’ cases, URS Corp., sought to “give credit where credit is due,” meaning that it hoped that it might get contribution from […]
is not being talked about,” said Oscar Wilde, famed Irish dramatist, novelist, & poet (1854 – 1900). This seems a particularly fitting “bon mot” for a blogger like Minnesota Litigator whose posts are often greeted by complete silence. (Mercifully, analytic software anonymously tabulates thousands of readers, so Minnesota Litigator takes comfort in that data and […]