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.
Medtronic Gets Multi-Million $$ Sanction Reversed
Nearly two years ago, Medtronic and its outside patent litigation counsel, McDermott Will & Emery, were slammed by U.S. District Court Judge Richard Matsch (D. Colo.) with a attorneys’ fees sanction exceeding $4 million (covered here). Recently, that decision was reversed by the U.S. Court of Appeals for the Federal Circuit. Interestingly, the appellate court […]
Standing on the shoulders of giants…
There are very few litigants with the litigation budget of the U.S. Government. The desire to ride on the government’s coattails, get a leg up, or benefit from “your tax dollars at work,” (pick you preferred metaphor) is understandable. On the other hand, the U.S. Government has its own concept of “the public interest,” which […]
Minnesota Court to Rule Tomorrow/Thursday, 5/6, on Kevin & Pat Williams NFL Case
UPDATE: HERE is the Court’s order. Associated Press is reporting that Hennepin County District Court Judge Gary Larson will issue his ruling in the NFL players’ challenge to their four-game suspension under Minnesota laws tomorrow.
Litigation con carne
What appears to be a simple and straightforward commercial dispute is well into its second year and, for the defendant, its third law firm, Nicollet Cattle Co. d/b/a Horizon International v. United Food Group (“UFG”), plaintiff alleges that UFG had agreed to purchase a substantial amount of meat but then meat prices fell through the […]
National Arbitration Forum (NAF) Amended Complaint
The “Second Amended Consolidated Class Action Complaint” is here. As previously covered by Minnesota Litigator, plaintiffs have enjoyed some early wins in this case and now the arduous slog of discovery in high-dollar complex civil litigation will ensue (until/unless the parties are able to negotiate some resolution to avoid it).
“Na Zdorovie!” (“To Health”) (But Nix the STOLI.)
“Stoli” is a nick-name for Stolichnaya, a famed Russian vodka. In PHL Variable Ins. Co. v. US Bank and in Minn. Stat. § 60.078, et seq., STOLI means “stranger originated life insurance” (Was the acronym SOLI already taken? Perhaps the originators of the STOLI acronym enjoyed the alcoholic connotations?) Earlier this month, PHL Variable Ins. […]
Corporate Entities and Diversity Jurisdiction: ANOTHER Reminder (Raising the Federal Pleading Bar Another Notch)
Minnesota Litigator is regularly read throughout Minnesota (elsewhere, too, but primarily in Minnesota) and, presumably, almost exclusively by lawyers. As such, we like to think we serve some public service in dissemination of news and developments in Minnesota civil litigation. If readers take away nothing else, it hoped there is a wider appreciation of U.S. […]
Fill up the tank, the long drive winds on…
In late February, Minnesota Litigator noted a decision by U.S. District Court Judge Patrick Schiltz (D. Minn.) in the lengthy battle between auto insurers in and windshield replacement shops (and, before that, noted the Minnesota Supreme Court’s decision in this area). It will surprise no one that insurers are taking Judge Schiltz’s adverse decision on […]
Lyle Berman v. Milberg, Lerach, et al., Seeking to Amend a Second Time, While the Second Motion to Dismiss is Still Pending (UPDATED)
[4/29/10 UPDATE: Defendants’ second motion to dismiss is granted. Order is here. The letter volley discussed in this post is touched on at the end of the opinion (ftn. 8).] A string of recent letters to United States District Court Judge Joan Ericksen (D. Minn.) in the Lakes Entertainment v. Milberg lawsuit (covered repeatedly on […]
U.S. Supreme Court Declines Invite To Save Great Lakes from Carp Invasion
Asian carp, an invasive species, introduced into the United States down south to clean catfish ponds and for weed control, threaten the ecosystem of the Great Lakes. With the Supreme Court denying Michigan’s motion to reopen and for a supplemental decree or, alternatively, for leave to file a bill of complaint (which the state of […]