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.
A Win for Mortgage Lenders at the Minnesota Supreme Court, as Predicted
Last October, this blog predicted a win for MERS (Mortgage Electronic Registration System) and yesterday, the Minnesota Supreme Court continued this blog’s “undefeated” record in the risky world of making predictions on the outcomes of pending cases. In short, in a 6-1 decision (Page, J., dissenting), the Minnesota Supreme Court held that “transfers of the […]
Appellate Procedure Amicus Brief Catch-22
The Minnesota Litigator blog strays from Minnesota and Eighth Circuit jurisprudence to touch on subject matter of interest to the few and the proud who care about appellate procedure — a recent decision from the U.S. Court of Appeals for the Seventh Circuit. Non-profits, trade groups, and others interested in appellate decisions with far-reaching implications […]
Wells Fargo Wins Attorneys Fees In Collection Effort with Counterclaim
It is common if not universal for loan documents to provide for attorneys’ fees for costs of enforcement in the event of default but also somewhat common for courts to be reluctant to award fees — often finding some way to deny requests or discount them substantially, for example. Judge Donovan Frank, however, in this […]
Lenders Lose Preemption Claim Resulting in a Circuit Split
A large number of lender defendants bought FirstPlus Bank loans (a California lending institution, now defunct) and were sued by a putative plaintiff’s class under Missouri’s Second Mortgage Loans Act in Missouri state court (which places limits on closing costs and fees in connection with second mortgages). Plaintiffs removed the case to federal court. Lenders […]
Statute of Limitations, Notice of Injury, & Sanctioned Counsel
Construction defect cases often pose the issue of whether they are beyond the statute of limitation because, often, defects become known gradually over time and the issue is when the plaintiff first knew or should have known about “the injury” (First sighting of a water-stain on a wall? Peeling paint? Small amount of mold? and […]
Kevin Williams, Players Association v. NFL: 8/18/09 8th Circuit Special Session
The United States Court of Appeals will hear argument on 9 a.m. August 18 on the Williams v. National Football League case (a number of consolidated/related appeals, actually) in St. Paul at the Federal Buidling (Courtroom 5A). For background on the battle, see here.
Pyrrhic Victory: Liability Verdict, but Short on Damages
Particularly given the fact that attorneys’ fees often eat into plaintiff’s recoveries, it is a bitter pill when a plaintiff wins on liability but is awarded a fraction of its damages. Such was the case in Hyundai Motor Finance Co. v. McKay (below) in which the Arkansas jury agreed that defendant McKay breached its financing […]
Employer Win in Whistleblower Case at Minnesota Supreme Court
When bringing a whistleblower claim — that is, when bringing a lawsuit claiming wrongful termination for “blowing the whistle” — employees and their counsel must take care and be sure that the whistle-blowing related to a violation of law (“or rule adopted pursuant to law” — i.e., a government regulation). In the Kratzer case decided […]
From Beyond the Grave: Employee’s Hostile Work Environment Claim is Revived by Eighth Circuit
Today the U.S. Court of Appeals for the Eighth Circuit reversed summary judgment in favor of the employer/defendant in a bizarre case in which an employee appears to have felt persecuted by a co-worker (who also happened to be his boss’ wife) and, among other similar allegations, by her repeated insistence that she could communicate […]
FDCPA Class Action Certified
U.S. District Court Judge John R. Tunheim certified a class action under the Fair Debt Collection Practices act, premised on the fact that the debt collector defendant added a fee of 35% of the debt, as a collection fee, on top of the amount of the underlying debt. This, the Court held, was inconsistent with […]