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.
“And, by the way, how much money do you make?”
It is not often that one sees a pro se antitrust class action — the notion seems implausible to the point of impossible — but at first glance one appears to be pending against Toys “R” Us in the Eastern District of Pennsylvania. In connection with its defense in this antitrust class action lawsuit in […]
Wrongfully Included on a “Watch-List”? A Recent Minnesota Defamation Decision
The proliferation of information through the internet has huge societal implications for privacy and reputation, which have been playing out for a decade and will continue. (Cyber-bullying is a related phenomenon.) The law, of course, has recognized citizens’ interests in both privacy and reputation for years but how will recent social and technological changes affect […]
Brown v. Ameriprise Race Discrimination Class Action, Delayed Gratification?
Ameriprise brought a motion to dismiss and motion for summary judgment against the putative employment discrimination class action (based on race) brought by Rosalind Brown. The grounds for Ameriprise’s motion were multiple. It prevailed on one ground as to one aspect of the case (failure to exhaust administrative remedy as to the disparate impact claim) […]
Securities & Exchange Commission Target Goldman Sachs for Securities Fraud
Not news specific to Minnesota civil litigation but still of interest: The stock market is “roiling” today and the consensus appears to be that it is due to the SEC’s charges brought today against Goldman Sachs in United States District Court, Eastern District of New York. The allegations, in short, are as follows: Goldman Sachs […]
A Loss of Lutsen Mountain
Late 2009 was a busy time for ski resort, Lutsen Mountain at the U.S. Court of Appeals for the Eighth Circuit, since it won affirmance of an award of summary judgment on an injury waiver case (“Myers”) and around the same time had oral argument on in the Brunsting case, decided this week (in which, […]
Important Class Action Fairness Act (CAFA) Decision: Litigation is not Ping-Pong, It’s a Railroad?
Famed Seventh Circuit Judge Richard Posner authored an opinion (covered in Minnesota Litigator here in which Posner quipped, “Litigation is not ping-pong.”) holding that, in the Seventh Circuit, federal jurisdiction under the Class Action Fairness Act does not evaporate with the denial of a motion for class certification. Yesterday, U.S. District Court Judge Patrick Schiltz […]
If you think paying taxes is bad…
In honor of “Tax Day,” a day in which many Americans acutely feel the pain of sacrificing a share of the fruits of their labor for national security, interest payments on the national debt, social security, Congress’ free postage (“franking privilege”) and a few other miscellaneous items, it might help us feel better to keep […]
Corporate Entities and Federal Diversity Jurisdiction: A Reminder
[UPDATE: To paraphrase Britney Spears, “Oops, she did it again…” Today, U.S. District Court Judge Joan Ericksen reminded plaintiffs’ counsel in the Lyle Berman case against the Milberg law firm and others of plaintiffs’ burden, when suing a partnership and claiming federal jurisdiction based on diversity of citizenship, that they have to plead the citizenship […]
National Arbitration Forum: Defendants Still on the Ropes
The National Arbitration Forum (“NAF”) and related entities are being sued in a large class action based on allegations — basically that the NAF is “egregiously biased” (to quote the characterization of the allegations in today’s ruling by U.S. District Court Judge Paul Magnuson (D. Minn.)) in favor of creditors and against consumers and that […]
Compucredit v. Akanthos, Whitebox, et al. ???
No, the above header is no typo. The hardfought Akanthos, Whitebox v. Compucredit litigation (covered here (12/22), here (1/25), here (2/26), here (4/2)) provoked a backlash. Predator and prey have switched sides. (Star Tribune coverage is here. Complaint is here.) The original Akanthos case, alleges Compucredit, was a sham and plaintiffs knew it. Compucredit further […]