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.
Whitebox v. Compucredit: Noteholders v. Shareholders
Cancel the holiday plans if you’re counsel for Compucredit. Plaintiffs’ filed their eighteen-page complaint on Dec. 21 and the hearing on their motion for a temporary restraining order seeking expedited discovery is to be argued before Judge James Rosenbaum (D. Minn.) on December 29. The causes of action are (1) a claim under the Uniform […]
Federal Bar Association, MN Chapter, December Presentation: Mediation/Settlement Conferences
The FBA hosted a panel on Monday, moderated by Mag. Judge Arthur Boylan on settlement conferences/mediations, which included Lew Remele, one of Minnesota’s best known lawyers and mediators, Judge Jonathan Lebedoff, former Hennepin County judge and former U.S. Magistrate Judge, and Susan Richard Nelson, U.S. Magistrate Judge and likely future U.S. District Court Judge (D. […]
Shoulder Pain Cases, Coming to a Federal Court Near You?
Lawyers & Settlements.com reports that the Judicial Panel for Multidistrict Litigation will entertain a renewed request in January to make the United States District Court, D. Minn., the “transferee court” for lawsuits arising out of “shoulder pain pumps” and an apparently painful condition alleged to be associated with these devices: chondrolysis. This renewed request came […]
U of M MD is Plaintiff in Constitutional Challenge to Ban on $$ for Marrow
In a complaint filed in United States District Court, (Central District (Los Angeles)), Plaintiff Dr. John Wagner, Professor of Pediatrics, Director of the Division of Hematology-Oncology and Blood and Marrow Transplantation, Director of the Center of Molecular and Cellular Therapeutics, and Medical Director of the Stem Cell Institute at the University of Minnesota, among other […]
Eighth Circuit Hears Another Wersal Challenge to Minnesota Code of Judicial Conduct
Blogging on Administrative Law and the Public Sector, E.L. Lipman on his blog Within The Scope, sums it up well.
U.S. District Judge Donovan W. Frank Appointed Chair of Federal Bar Association Task Force on Diversity
The press release is here. The FBA specialty items are here.
Minnesota Data Security Breach and the First Amendment
Minnesota Public Radio reporter Sasha Aslanian broke a story about alleged free and public access to confidential and personal data of Minnesota state employees through a Houston, Texas-based company, Lookout Services. As a consequence, there appears to be a threat of Computer Fraud and Abuse Act complaint against her (Minnpost Piece, here). Talk about a […]
Eighth Circuit Says It Again: If You Want To Arbitrate, Don’t Litigate
Recently, as reported on this blog, the U.S. Court of Appeals for the Eighth Circuit emphasized that a party waives its right to arbitration by litigation. And, again, today, the Eighth Circuit has reiterated this straight-forward rule, holding that a defendant’s motion to dismiss a putative class action (without invoking the arbitration clause) resulted in […]
Another Canadian Company Stuck in Minnesota Court: Forum Selection
A while back, this blog reported on a Minnesota case (C.H. Robinson v. FLS Transportation) involving a Canadian firm bound by a forum selection clause in a contract to which it was not a party. Today, U.S. District Court Judge John Tunheim ruled against British Confectionary, a British company with a plant in Labrador Newfoundland, […]
“Because feeling guilty is punishment enough”?
Minneapolis criminal defense counsel, Rachael Goldberger’s website promotes her services with the tagline, “Because feeling guilty is punishment enough.” It is very early in what appears to be a criminal prosecution of her client, Minneapolis attorney Aaron Biber, but the allegations are serious. If proven, it would seem that feeling guilty is not enough under […]