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.
Not your ordinary coverage dispute…
T-Mobile takes Brooklyn Park to federal court (Judge Kyle, in particular) in a battle over whether the city wrongfully denied T-Mobile’s application for permission to install a cell phone tower. (Aren’t petitions for writs of mandamus abolished in federal court?) (Is there a problem with going to federal court for the federal court to order […]
NY Times E. Coli Cover Story’s Minnesota Ties — UPDATED
The Sunday New York Times last Sunday covered the tragic story of a 22 year-old Cold Spring, Minnesota woman whose life changed dramatically after having eaten an e. coli-tainted burger. The Times story is lengthy, traces the “geneology of a burger,” giving new meaning to “Who’s your patty?” and tracing the burger to Cargill, one […]
No Homestead Exemption For Hecker: “It Would Not Be Unfair or Unjust Not To Pierce the Corporate Veil”
(How many negatives are in that sentence?) In disallowing Dennis “Denny” Hecker’s homestead exemption claim today, Bankruptcy Judge Robert Kressel has rejected Dennis E. Hecker’s “insider reverse veil piercing theory,” one of many perhaps convoluted legal theories that has evolved from the invention of the corporation. In a nutshell, Hecker claimed the homestead exemption under […]
Chain Drugstores and Nation’s Pharmacists File Suit against Minnesota
On the bright side, Minnesota is in good company. California, New York and Washington were also accused this week of denying patient access and quality care to Medicaid patients. NACDS v Pawlenty
You can’t make this stuff up…
A landlord/tenant battle appears to be in the offing before Judge Doty concerning COLD STORAGE and, apparently, it hinges on Icelandic law. (The complaint, filed today, is below.)Versacold v Inland American Complaint
Another “Go Nowhere Class Action Lawsuit…”
Looks like Apple and AT&T Mobility will be spending some time in the U.S. District Court, District of Minnesota (before Judge Magnuson) due to an alleged broken promise as to capabilities of the iPhone (ability to handle “MMS” files (multimedia messaging service) (enabling sending by phone of images, music, and video)). Not all techies are […]
(Fraudulent?) Misjoinder: 8th Circuit Argument on a Hot Jurisdictional Issue
Pending before the United States Court of Appeals for the Eighth Circuit is an issue of first impression for the Eighth Circuit, an issue that several district courts have confronted, but only one other circuit court, the Eleventh Circuit (Tapscott v. MS Dealer Service Corp.) — a decision whose analysis has been subject to criticism). […]
Brains v. Trains: U of M files suit Against Metro Light-Rail Plans
The University of Minnesota has filed suit in connection with light-rail plans in Hennepin County District Court. The issue is the impact of light-rail on University research projects. The Complaint is here.
Making a Silk Purse From a Sow’s Stench?
Today’s Minneapolis Star Tribune includes an AP story about a Missouri lawyer apparently getting rich by taking on mega hog farms in lawsuits in Missouri arising out of the apparently noxious odors that emanate from such businesses.To file under, “Gosh Darn That E-Mail,” the article reports that, “In an internal memo accidentally e-mailed to The […]
Deja Vu: Donaldson Co. v. Baldwin Filters
Having recently noted a perceived greater frequency of patent trials vs. other kinds of civil litigation, it is perhaps not all that surprising that Donaldson Co., Inc., which had been locked in patent litigation with Baldwin Filters, Inc. from 2004-2008 (District of Minnesota, Case No. 04-2679) (Donaldson having been represented by David Gross, of Faegre […]