Twas not exactly the night before Christmas but pretty close, when a swarm of hedge funds set upon Georgia-based Compucredit in U.S. District Court for the District of Minnesota with claims, essentially, that the funds’ interests as bondholders were being subordinated to the interests of others whose interests should have been junior to their own. […]

While somewhat off of Minnesota Litigator’s subject matter of developments in Minnesota civil litigation,  a number of Minnesota lawyers, including Minnesota judges (state and federal), have provided assistance to various international tribunals and foreign courts, addressing human rights problems in Kosovo and other countries.  From time to time, it is worthwhile to acknowledge what lies […]

Dorsey & Whitney LLP represents the ACLU in this bitterly fought litigation against Tarek Ibn Ziyad Academy (“TiZA”), the establishment of which, the ACLU argues, violates the anti-establishment clause of the U.S. Constitution. As part of its defense, TiZA and related entity-defendants argue that the Dorsey law firm is conflicted and must be disqualified because […]

We approach the 6th birthday of Gallus v. Ameriprise, U.S. District. Court. (D. Minn.) Civ. File No. 04-cv-4498 (DWF/SRN), filed on October 14, 2004 (pending before U.S. District Court Judge Donovan W. Frank).   The case has been up to the U.S. Court of Appeals for the Eighth Circuit (where summary judgment for the defendants […]

Today, U.S. District Court Judge Donovan W. Frank (D. Minn.) denied plaintiffs’ motion for preliminary injunction attempting to strike down the Minnesota legislature’s response to the U.S. Supreme Court’s Citizens United case.

[UPDATE:  Judge Kyle’s granted the motion for class certification this week.  The Court’s Memorandum Opinion and Order is here.] July 30, 2010 Post: Donning and doffing cases are a species of employment class action based on employers’ imposing requirements that employees wear particular gear to perform their work without compensation to the employees for the […]

[UPDATE: Following up on the post below originally posted last week, Judge Davis resoundingly rejected Plaintiff’s “Motion to Vacate Judgment and other relief.  Plaintiff suggested that Judge Davis should have recused himself because, at one time, he was a state court judge and, through that experience, sat on the same court with potential witnesses in […]

This week the U.S. Court of Appeals for the Eighth Circuit affirmed U.S. District Court Judge Richard Kyle, Sr.’s dismissal of Plaintiff Detroit General Retirement System (et al.)’s putative securities fraud class action under the PLRA (Private Securities Litigation Reform Act of 1995).   Plaintiffs’ case was crushed between the Scylla and Charibdis of the […]

In Willenbring v. City of Breezy Point, et al., U.S. District Court Judge Michael J. Davis (C.J.) addressed many defendants’ motions for summary judgment on many claims this week.  Although plaintiffs had some causes of action that survived summary judgment, the vast majority did not.  Moreover, the recitation of facts — note that they are […]

Twice in April, Minnesota Litigator covered this issue.  In June, Minnesota Litigator noted another decision in which lawyers overlooked a pleading requirement of 12 U.S.C. § 1332, when pleading “diversity of citizenship” for a business entity (that is, a corporation, partnership, or limited liability company).   Here we go again. Absent some interesting nuance or fine point, […]