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.
Taking on University Employment Practices, One Plaintiff at a Time?
Earlier this year, Minnesota Litigator covered a Minnesota Supreme Court appeal argued by a Halunen & Associates attorney in an employment case against Capella University (here). Yesterday, CourtHouse News Service reported about a new complaint, brought by a Halunen lawyer against the University of St. Thomas, in which plaintiff alleges she was terminated for having […]
Rules are rules. Deadlines are deadlines. Except when they’re not (no harm, no foul)?
The schedule for “dispositive” motion briefing under the local rules of the U.S. District Court (D. Minn.) is quite straight-forward and unambiguous. Can a party ignore the schedule without adverse consequences? Apparently, at least sometimes, yes. In Henke v. Allina Health System et al, Court File No. 0:09-cv-02999-RHK-SRN (D. Minn.), defendant, without leave and without […]
8th Circuit Judges Using Kindle DX E-Book Readers
The U.S. Court of Appeals seeks public comment in connection with proposed rule changes, largely in connection with electronic case filing rules and procedures and we note the mention of Eighth Circuit Judges reading briefs on Kindle DX E-Book Readers in the Clerk of Court’s invitation for comments. Product placement is normally reserved for larger […]
Kevin and “Fat Pat” Williams vs. NFL
Trial is scheduled for March 8 before Hennepin County District Judge Gary Larson on whether drug testing rules applied to these athletes violated Minnesota law. Apparently the subject matter of the trial: who is the employer, the NFL or the Vikings? (News coverage here.)
Moneygram Shareholder Class Action Settles: $80 Million…
Last November, Minnesota Litigator questioned the strategy of opposing class certification in this matter (and noted a rather unorthodox and liberal use of redaction in the response brief to the motion for class certification) and today comes the press release of settlement for $80 million. Insurance will pay for all but $20 million of the […]
Akanthos, Whitebox v. CompuCredit, Following up on Follow-Up: Plaintiffs’ Sense of Urgency Not Shared
Readers of Minnesota Litigator may recall that counsel for plaintiffs in the Akanthos v. CompuCredit lawsuit undoubtedly ruined holiday plans for some (but, on the plus side, helped lawyers bill hours in the closing days of a very bad year for many law firms) with a pre-Christmas “emergency motion” for expedited discovery. Plaintiffs were rebuffed and, […]
Medtronic “Whistleblower” Lawsuit re: Stent Promotion
Media reports a potentially significant case brought against Fridley, Minnesota-based Medtronic in U.S. District Court. (D. Mass.) “on behalf of 22 states and the District of Columbia” (but, also, the report says, brought by two former Medtronic employees with whistleblower claims (a qui tam suit)) premised on unlawful promotion of FDA-unapproved devices. HERE is the […]
No Probable Cause for Arresting Zombies (i.e., Not OK). But Police Confiscation of Prosthetic Leg, OK.
At around 7 p.m., in July, 2006, Minneapolis police received word (an anonymous 911 call) complaining about a group of “people covered in make up playing loud music from a boombox” in the heart of downtown Minneapolis. According to the caller, the group’s members were “calling themselves zombies and almost touching people.” Officers responded to […]
Defendant Escapes $236 Million Liability for Internet Spam
The U.S. Court of Appeals for the Eighth Circuit (Colloton, Beam, Benton) reversed the U.S. District Court (S.D. Iowa), which had awarded summary judgment to a plaintiff who took on some internet spammers under Iowa’s anti-spam statute. At $10/spam email, the bill came to $236 million. The problem with plaintiff’s case as to the particular […]
U.S. Supreme Court Decision re: Diversity Jurisdiction — The “Nerve Center” Test
Promoting its appellate practice, Twin Cities law firm Faegre & Benson L.L.P. distributes timely notices and synopses of U.S. Supreme Court decisions by email to friends, counsel, and clients. It also posts them on its website (and I mean “timely” — same day). Thanks to Faegre (their appellate lawyers, John F. Beukema and Aaron D. […]