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.
Big Win for the Little Guy?
Gabby’s Saloon & Eatery, Marshall St. NE, on the Mississippi triumphed in a three-year legal battle with the city over penalties and regulations arising out of neighborhood complaints that allegedly threatened the business’ livelihood. Gabby’s, represented by Scott Harris of Leonard Street & Deinard and owned by Jeff Ormand, argued that neighbor complaints about after-hours […]
An Important Minnesota Ruling on Invasion of Privacy
Medical information was obtained regarding sexually transmitted diseases and an apparent adulterous affair, which “news” was posted on a MySpace page. The posting was brief and the number of people who saw the private information gleaned from hospital medical records presumably small. For that and other reasons, the trial court granted defendants’ motion for summary […]
$80,000 for Def Leppard’s Pour Some Sugar on Me???
Jammie Thomas-Rasset, the defendant in the copyright infringement case brought against her by the record labels, socked with $1.9 million verdict in $80,000 increments for different songs/different record labels. Most ironic: Reba McEntire’s, “One Honest Heart”? Gloria Estefan, “Rhythm is Going to Get You”? “Don’t Stop Believin’,” by Journey? Sheryl Crow, “Run, Baby, Run”? Thomas-Rasset […]
And now Peer to Jury of Peers…
The Thomas-Rasset trial, discussed below, appears headed to the jury. Below are the jury instructions. Jury Instructions in Thomas-Rasset Copyright Case
Insurers, Attorney-Client Privilege, and the Unwitting Corporate Representative
A lawyer defending a deposition is well-advised to get it squared away, in advance, as to whether the deponent is a client. It bodes ill for an attorney-client privilege claim when the “client” has denied under oath that she is represented by the attorney. Under such circumstances, it should come as no great surprise that […]
Busy News Day for Minnesota Civil Litigation
A jury verdict in favor of 3M in a long-fought battle regarding claimed diminished property value due to groundwater contamination (perfluorooactonate, PFOA, a perfluorocarbon chemical used for many years in 3M products). (Pioneer Press coverage here.) The Denny Hecker bankruptcy makes the Strib front page with state investigator raids on offices and home amidst allegations […]
Heartbreak for Plaintiffs in Putative Class Action vs. Johnson & Johnson and Cordis Corporation?
Plaintiff Marlyn Riley had a Cordis Corp. stent implanted in a coronary artery and, apparently, suffered a heart attack two years later when a blood clot formed at the site of the stent. The way the stent functions, it prevents build-up of new tissue on implantation by a slow release of medicine but, in doing […]
Electronic Discovery: ESI Bytes
U.S. District Court Judge Anne Montgomery has ruled on an electronic discovery issue in a putative class action about materials used in brass plumbing fittings and alleged related property damage. (In re: Zurn Pex Plumbing Products Litigation, MDL No. 08-1958) Apparently the defendant successfully argued, initially, that electronic discovery would be onerous and that it […]
A Jury of One’s Peer-to-Peers in Minneapolis? File Sharing on Trial, Round 2
A new trial started today before United States Court Judge Richard Kyle, D. Minn., in a file-sharing case that has gotten nationwide attention. The defendant has new lawyers who’ve made the trip from Texas to go up against the recording companies (along with Minnesota local counsel). The Court ruled on a handful of pretrial motions […]
Minnesota Supreme Court OK’s Instant Run-Off Voting
The Minnesota Supreme Court released its opinion today holding that Instant Runoff Voting as adopted in Minneapolis is not facially invalid under the United States or Minnesota Constitution.