Minnesota Litigator
News & Commentary
Do not consider the blog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state.
You sold something you didn’t know you owned? Too bad!
The Supreme Court yesterday in SCI Minnesota Funeral Services, Inc., et al. v. Washburn-McReavy Funeral Corporation, et al. considered the circumstances under which a party is entitled to reformation or rescission of a stock sale transaction. Following the lead of both the District Court and the Court of Appeals, the Court concluded that the sellers […]
Lies, Damned Lies, and Statistics
An unpublished decision issued yesterday by the Minnesota Court of Appeals in Farmers Insurance Exchange v. Tomczik raises a couple of interesting and uncommon issues that are worth noting. Tomczik worked as an insurance agent for Farmers for 31 years. In 2006, Farmers noticed a drop in the number of automobile policies that he was […]
Supreme Court limits claims against drug companies for overcharges
In a unanimous decision today, the Supreme Court limited certain health care facilities’ ability to sue drug manufacturers for overcharging them in Astra USA v. Santa Clara County. Section 340B of the Public Health Services Act imposes ceilings on prices that drug manufacturers may charge for medications sold to specified health care facilities (called 340B […]
Classification of exempt employee upheld as proper under FLSA
As any employment lawyer will tell you, wage-and-hour litigation has been a hot area for the last several years. A recent opinion by U.S. District Judge Michael Davis provides a useful overview of the elements of one type of such a claim – the claimed misclassification of a non-exempt employee. John Berscheid worked as a […]
A primer on non-competes and preliminary injunctions
First, thanks to Seth for allowing me to guest post during his absence. For more on me, please check here. Now, on to the main topic. The medical device industry is well-known for the competition between companies for good sales talent. Judge Susan Richards Nelson has penned a textbook example of how to analyze a […]
No Justice in U.S. for African Gold Scam?
From the March 15 Order of Sr. U.S. District Court Judge David S. Doty (D. Minn.), it appears that Plaintiff Andrew Vilenchik (and a business, Community Finance Group) was the victim of a somewhat more elaborate scam than the widely known email “419 scam.” The Kenya Gold scam apparently perpetrated on Vilenchik appears to have […]
Follow Up: Notarial No-No = “No Harm, No Foul”
Update (March 25, 2011): Larry Moloney, a Notre Dame grad argued the case before the U.S. Court of Appeals for the 8th Circuit on St. Patrick’s Day for the appellant/plaintiff Vincent Ofor. Moloney faces an unhill battle in overturning Sr. U.S. District Court Judge Paul A. Magnuson‘s grant of summary judgment against his client. (Stephen […]
Walmart’s Tangled Up with Webb…
Update (March 24, 2011): Months of voluminous briefing and cross-briefing, cross-motions for summary judgment supported by declarations attaching thirty-six exhibits and thirteen exhibits, respectively. In other words, a lot of work presumably went into these motions. It must sting when the same day of the hearing on the motions, the Court’s order issues, and it […]
NKA, now known as NK and also known as Victor at the U.S. Supreme Court
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)
Who owns BigLaw?
Minneapolis-based Lawyerist says no one owns “BigLaw.”