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 Dedicated Web Page for the Coleman/Franken Court Battle

All you wanted to know, and then some, about the Minnesota 2008 Senate Battle.

Expanding the Reach of Veil-Piercing

When the economy dives, frauds come to light (or, in Warren Buffett’s often-quoted more colorful language, “It’s only when the tide goes out that you learn who’s been swimming naked”). Therefore, today’s published Minnesota Court of Appeals decision broadening the reach of veil piercing beyond a corporation’s shareholders, officers, executives, or employees to reach any […]

8th Cir. BAP: No Constructive Trust For Mere “Mistake”

Someone (Langlie) gets into a business deal with an old friend, Farr; Farr will contruct a residential home, on spec, which Langlie will fund and the two plan to split the proceeds upon sale of the property. Langlie is to fund the project, with Farr calling him periodically for cash draws to fund construction. Unfortunately […]

NFL 2 – NFL Players Association 0

NFL Players Association v. NFL re: Suspensions for a Banned Substance The United States District Court, District of Minnesota (Magnuson, J.) ruled on cross-motions for summary judgment, arising in a lawsuit that followed an arbitration wherein the NFL prevailed over the claims of several suspended NFL players (Vikings and Saints). The Players Association raised several […]

Minnesota False Claims Act Passed into Law

The state has passed a Minnesota equivalent to the federal false claims act, after having tried unsuccessfully to pass a similar bill in the last three sessions (the twenty-third state to have done so). Mike Hatch, former Minnesota AG, opposed the law. Effective July 1, 2010. Link to the text of the new law.

Minot, North Dakota Derailment, Preemption, & Congress: Petition for Cert Denied

From Akin Gump’s Scotusblog.com, Supreme Court-monitoring website, comes the following news of the U.S. Supreme Court’s consideration of a petition for a writ of certiorari from the 8th Circuit. The 1/18/02 Canadian Pacific (“CP”) freight train derailment resulted in a toxic release, evacuation, injuries and lawsuits (several in the U.S. District Court for the District […]

A Minnesota Supreme Court Ruling Against Rugrats

A guest at a house along with his parents, a three year-old child climbed on an unsecured empty bookcase, which fell on him and caused serious injuries. The Minnesota Supreme Court affirmed the Minnesota Court of Appeals affirmance of the trial court’s grant of summary judgment in favor of the land-owner/defendants. The courts all held, […]

Cross -Appeals of Wyeth Prempro Jury Verdict Set-Aside

In one of three bellwether cases in the Eastern District of Arkansas (three of 10,000 cases pending before Judge Wilson) for the prempro hormone replacement therapy cases, the major issue on appeal, argued on May 12, is plaintiff’s proof of cancer causation — a theory contested by defendants and a theory rejected by the Court. […]

A Case of The Inadvertent Settlement Trap

An all-too-frequent misfortune is the over-inclusive or the under-inclusive settlement. A recent Minnesota Court of Appeals decision reflects a litigant’s apparently inadvertent surrender of a negligence claim. A tree company (“TC”) contracted with a horticulture specialist (“HS”) to spray the tree company’s trees. The tree company, unhappy with HS’ performance, withheld the $3,500 payment for […]

Obvious Danger or Really, Really, REALLY Obvious Danger?

Continential Airlines just lost on a motion for summary judgment before Judge Kyle, U.S. District Court Judge, D. Minn., in a personal injury case arising from a set of stairs where one of 20-odd steps was 2.5 inches higher than those preceding it and, as a result, plaintiff alleges she tripped and was injured. Property […]