Minnesota Litigator
News & Commentary
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Get a move on…the Court’s riding herd…
U.S. Magistrate Judge Susan Richard Nelson (D. Minn.) issued a stern notice to Wells Fargo and MBIA Insurance Corp. to get off the dime. Wells Fargo sued MBIA back in May but the case then languished on the Court’s docket without so much as an answer from MBIA or even a stipulation extending the […]
The Attorney-Client Privilege & The Independent Contractor: The Icelandic Saga Continues…
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 Still Resonating Shockwaves of Iqbal & Twombly: Do The Standards Apply to Affirmative Defenses?
[CORRECTION: In the post below, originally published on August 30, Minnesota Litigator suggested that the motion to strike affirmative defenses based on Iqbal/Twombly pleading standards in Nerger (still scheduled to be argued on 10/29, 10 a.m., before U.S. District Court Judge Donovan Frank (D. Minn.)) “may be the first case in the district” to address […]
Petters Trustee Looking to Recoup Losses from Mutual Fund
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 […]
TiZA Litigation Conduct: “Not…consistent with a good faith search for the truth”
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 […]
When will Susan Richard Nelson be confirmed as a United States District Court Judge for the District of Minnesota?
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 […]
“[S]tandard practice is delete. Now, if somebody in corporate law said, ‘Stop deleting,’ I might stop deleting…”
[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 […]
The Insured’s Dilemma: Notice of a Frivolous Claim to One’s Insurer…
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, […]
Civil Procedure 101: Claim Preclusion, Statutes of Limitation, Summary Judgment
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 […]
Civil Litigation, Justice, and Time
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 […]