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.
Messages From Our Courts
The Minnesota Judicial Branch has released its 2008 Annual Report. The United States District Court, District of Minnesota, has announced proposed changes to local rules (link to redline: here). “The Court will consider adoption of the proposed amendments after reviewing any comments or suggestions submitted on or before August 21, 2009.” Stay tuned for further […]
Product Recalls & Class Actions (continued)
Last March, in regard to a product liability case concerning a recall of a crib with a defective dropside, this blog suggested a pending Eighth Circuit case, if it went the plaintiffs’ way, would signal a dramatic change in Eighth Circuit law, but went on to predict that plaintiffs would lose. Today, the proverbial “other […]
Fraud Claim Against Client Settled. Fraud Claims Against Lawyer & Firm Go On…
In a divorce, the ex-husband-to-be made representations as to the value of a business which his ex-wife, after divorce, concluded were false and fraudulent. Ex-wife settled with ex-husband but continued claims against his lawyer and lawyer’s law firm. The lawyer and firm argued, however, that the ex-wife, in settling her claims with the ex-husband should […]
Non-Signatory Cannot Enforce Arbitration Clause
As reported here back in March, the U.S. Court of Appeals for the Eighth Circuit heard argument and has now ruled on a case in which the District Court held that a non-signatory to an arbitration clause could enforce the clause against a signatory to the agreement. Today, in a published decision, the Eighth Circuit […]
Wells Fargo v. Karnitz: Non-Signing Spouse but Borrowers Still on the Hook
In an earlier post, this blog covered a case decided today by the U.S. Court of Appeals for the Eighth Circuit, reversing the U.S. District Court, District of Minnesota. In the earlier post, I opined that the District Court’s decision elevated form over substance and the Eighth Circuit appears to have reached the same conclusion.
Blurring the Boundaries Between Fact & Fiction
Senator Al Franken, then and now…
What’s with the free steak for auto windshield replacement?
We have all seen the promotions — a free box of steak if you get your windshield replaced at a particular vendor. Here’s the legal backdrop giving rise to the box of steaks: Minnesota law requires auto insurance. Minnesota law requires that auto insurers cover windshield replacement. Minnesota law provides that insureds are allowed to […]
No Claim for Spam SMS under the Computer Fraud & Abuse Act: Bad But Not That Bad
The Computer Fraud & Abuse Act (CFAA), a federal statute, recognizes private causes of action for individuals damaged by computer fraud. From the “plain meaning” of the words Computer Fraud and Abuse Act, one might not think that the law would apply to the admittedly annoying situation of receipt of unwanted SMS texts on one’s […]
Do you want $50,000 or what’s behind Door #2?
In a variant of the classic game show, Let’s Make a Deal, after a jury returned a $100,000 verdict for plaintiff, Judge Ericksen gave plaintiff the choice between a reduced verdict (“remittitur”) of $50,000 or another jury trial on the issue of damages. Plaintiff opted for “Jury #2” and the jury came back with damages […]
Minnesota AG Goes After National Arbitration Forum
This is a newly filed lawsuit — filed today. Signed Filed Complaint MN AG v. Arbitration Company