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.
Hecker Sanctioned and Chrysler Wins $80 Million Default Judgment
Bad news got worse for Dennis “Denny” E. Hecker this month (see here and here vs. here). [UPDATE: Here is the judgment, issued by the U.S. Bankruptcy Court (D. Minn.) (Kressel, J.) today, though it is a single page and not particularly informative.]
National Arbitration Forum Class Action: Defendants’ Motions to Dismiss Smacked Down
Defendants have enjoyed quite a lot of success in federal courts since Iqbal and Twombly on motions to dismiss but such motions still have their limits, of course. In a pending class action against the National Arbitration Forum, against many consumer lenders (J.P. Morgan, American Express, Bank of America, MBNA, Capital One, etc.), and […]
1st Amendment Challenge Rebuffed: Risk to “Spinners” of the Truth Is No Violation of 1st Am.
In 281 Care v. Arneson, decided against plaintiffs by U.S. District Court Judge James Rosenbaum (D. Minn.) on Friday, plaintiff political action groups challenge Minn. Stat. 211B.06, which essentially criminalizes knowingly lying about people running for office or ballot measures being considered by the electorate, based on the First Amendment of the U.S. Constitution — […]
Minnesota Supreme Court Addresses Sibling Sexual Abuse, Repressed Memory, Statute of Limitation
With the recent news of the Biber matter, the rather uncommon settlement term in the Lemond v. Trek lawsuit, and now a certified question to the Minnesota Supreme Court from the U.S. Court of Appeals for the Eighth Circuit, it seems that the deep dark world of child sexual abuse may be getting some needed […]
Minnesota State Bar at the Legislature This Week
The Minnesota State Bar Association “Capital Connection” passed on the latest news on legislation and the state bar this week: HF2823/HF2828: These bills from the Real Property Section, carried by lawyer-legislator Rep. Gail Kulick Jackson (DFL-Milaca), passed the House Civil Justice Committee on Monday. Attorney Kevin Dunlevy from the Real Property Section testified in support of […]
News of the Fallen
Minnesota Litigator’s focus is on news and developments of civil litigation in Minnesota state and federal courts, with intermittent breaks to touch on related subject matters. When Aaron Biber, a prominent Twin Cities civil litigator is suddenly a prominent criminal defendant, a detour seems warranted. Hennepin County Judge Lloyd Zimmerman, over objections from the prosecutor, […]
Minn. A.G. Pursues More Bottom Feeders…
Businesses that prey upon those who are most down on their luck, those who have little or no money, have taken a very different approach than Slick Willie Sutton, famed bank robber who explained that he robbed banks because “that’s where the money is.” Consumer debtors, desperate, vulnerable, and at least sometimes unsophisticated, are afforded […]
The Flipside of “Too Big to Fail” is, of course, Small Enough to Fail…
In November, 2006, Kathleen Mayer borrowed $160,000 from the bank secured by a mortgage on her home, getting $141,000 “cash out” on the refi and then defaulted on the loan less than 6 months later. Foreclosure came and went; the homeowner (her lawyer, really) waited until the very last day in the six-month redemption period […]
Franken at the FBA/Minnesota Chapter Monthly Lunch
Before getting to the main event, today’s speech by U.S. Senator Al Franken (D.), a brief note promoting the Federal Bar Association, Minnesota Chapter. Apparently, it is the second largest chapter nationwide (!) after New Orleans (!!) with memberships of 809 and 1,113 respectively. There is a 2010 “Chapter Challenge” by the national parent organization, […]
Minnesota Chamber of Commerce Takes On Minnesota Campaign Finance Law
The ramifications of the U.S. Supreme Court’s Citizens United v. Federal Election Commission have been discussed a great deal over the past several weeks (for example, here), having been finally decided on 1/21/10. And it has not taken long for the case to make its initial splash into Minnesota election law. Today, the Minnesota Chamber […]