Minnesota Litigator noted the Versacold vs. Inland American Brooklyn Park litigation about a year ago, only because the case appeared to hinge on Icelandic law, generally uncommon in Minnesota litigation.  The case’s glacial pace might be appropriate?  Currently before Senior U.S. District Court David S. Doty is an interesting little problem faced by Plaintiff Versacold.

The bankruptcy trustee has his eyes on Arrowhead Capital Management.  He filed a 154-page complaint on Oct. 5 for $105 million (Bloomberg coverage here).   Class action plaintiffs’ lawyers have long had their eyes on Arrowhead, as well, in connection with its role in the Petters mess though plaintiffs’ counsel did not get very far […]

Lawyers and litigants alike generally recognize the distinction between “process” and “rights,” a.k.a. between procedure and substance.  The categories are generally distinct — one has rights, for example, whether through the common law, ordinances, regulations,  statutes, or the constitution — and then one has the means to vindicate those rights (or sometimes not) — one […]

[UPDATE #2:  Mag. Judge Arthur J. Boylan’s $100,000 spoliation sanction against Southern Graphic Systems upheld by U.S. District Court Judge John R. Tunheim.] [UPDATE:  Updating this drama that unfolded in June, see linked brief: the Plaintiff’s objections to Judge Boylan’s sanction (arguing that it did not go far enough and unfairly faulted plaintiff’s tactics in […]

As many Minnesota Litigator readers know, the confirmation of U.S. Magistrate Judge Susan Richard Nelson (D. Minn.) as district court judge for the U.S. District Court for the district of Minnesota is being held up by the Republicans in the U.S. Senate.  Meanwhile, those being considered for her U.S. Magistrate Judge position must bide their […]

If you’ve got year-to-year claims-made insurance policy, it seems fairly clear that your insurance premiums for policies to come will be influenced by claims you’ve made on your insurance in past years.  Therefore, you might think twice before running to your insurer to notify it of a somewhat vague and possibly frivolous claim.   Maybe, […]

Plaintiffs sued pharmaceutical Wyeth in New York state court, alleging that their cancer was caused by Wyeth hormone replacement therapy.  Defendants moved the New York Court to dismiss the case as falling outside the applicable New York statute of limitation. Defendants’ motion was apparently well-taken, plaintiffs knew it, and they hurried off to bring suit […]

[UPDATE:  The Minnesota AG will sit the fight out, reserving her right to weigh in if/when there’s an appeal.] Original Post: 9/13/2010: Over the past year, Minnesota Litigator has covered the Savig v. First National Bank case in which the Minnesota Supreme Court held in April that a judgment debtor is initially, but rebuttably, presumed […]

The concept of “justice delayed is justice denied” is ancient.  But what does this broadly accepted generality mean in any particular case?  In civil litigation, there are three general time-frames:  (1) “emergency” — this is what temporary restraining orders are for; (2) “let’s cut to the chase” — that is, getting a decision or remedy short […]

All regular readers of Minnesota Litigator and any civil litigator (at least those whose practices take them from time to time to federal court) are aware of the Iqbal and Twombly U.S. Supreme Court decisions and the repercussions of those decisions in subsequent federal practice. David Hashmall, well known Twin Cities litigator at the Minneapolis […]