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.
Why is John Doe Such a Malefactor?
With the internet has come an ever-growing wave of anonymous wrong-doing so businesses and individuals increasingly have to vindicate their rights by bringing a lawsuit against a fictitious entity and then, once the suit is filed, the victims can invoke the court’s subpoena power to discover the name(s) of the wrong-doers (with subpoenas to internet […]
Plaintiffs Snatch Victory from Defeat’s Jaws on Appeal
The Eighth Circuit revived a plaintiff’s hostile work environment claim that the U.S. District Court, D. Minn. (Kyle, J.) had thrown out. Plaintiffs first brought suit against American Building Maintenance Inc. (ABMI), the parent company of their employer, American Building Maintenance of Kentucky (ABMK), which they added more than 90 days later. They made claims […]
Big Win for Life Time in Employee Wages Class Action
Life Time used a compensation plan whereby it gave a year-end bonus depending on performance of certain business units. Bonuses were issued quarterly through the year based on then-current financial performance but the company reserved the right to deduct from pay to the extent total year performance did not meet bonus criteria. (For biblical precedent, […]
Retired NFL Players Chasing Their Tails?
A graph of the income stream of a professional athlete generally starts with a spike and then has a fairly swift drop and, if a player is good and lucky, has a long tail. The average length of an NFL career is three seasons or so. Video clips of particular plays will be watched and […]
Mag. Judge Keyes Ruling on Motion for Discovery Sanctions
Magistrate Judge Jeffrey J. Keyes, the newest Magistrate judge in the district, has issued an order on a motion for discovery sanctions that practitioners will want to take note of. Judge Keyes reminds practitioners of the existence and importance of local rules on such motions, and cites to an important if somewhat hidden resource: Practice […]
09-2247: Kevin Williams vs National Football League
Oral argument took place today at the U.S. Court of Appeals for the Eighth Circuit. A recording of the argument is available for download through Itunes here. Here is a quick take on the argument.
Ten Years of Litigation: Kennedy Building Associates v. CBS Corp.
Originally filed in November, 1999, the environmental clean-up litigation has gone back up to the Eighth Circuit and back down to the U.S. District Court, District of Minnesota (Rosenbaum, J.), repeatedly. Ten years of litigation seems excessive perhaps until it is measured against years of polluting and contamination that may remain for generations or require […]
FDCPA Class Action Decision for Defendant Reversed; Summary Judgment for Plaintiffs
Having authored the Credit & Collections Chapter of the Minnesota Business Torts Deskbook (focusing on the Federal Debt Collection Practices Act (FDCPA), the Truth-in-Lending Act, et al.), I again reach a bit beyond Minnesota and Eighth Circuit law to report an outside development — a Seventh Circuit U.S. Court of Appeals decision reversing summary judgment […]
Eighth Circuit Revives Fraud Claim vs. Merrill Lynch
Plaintiff functioned as a broker to arrange for the sale of a business in exchange for a broker fee. Defendant Merrill Lynch (and Merrill Lynch Global Private Equity Inc.), purchaser, told Plaintiff that the deal could only go through financially if Plaintiff took a fee of $1.5 million rather than the $7.15 million that it […]
OUCH! $2.3 Million Bad Faith Denial of Insurance Claim for Failure to Pay $50,000 Coverage Claim
Plaintiffs (a couple) bought an unoccupied duplex in North Dakota, insured the property for $50,000; the house burned down and insurer American Family denied Plaintiffs’ insurance claim on the ground that the fire was a result of arson for which one of the Plaintiffs was responsible. Plaintiffs brought suit against American Family, claiming that it […]