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.
An Attorney/Client Relationship Without The Client?
In a published decision by the Minnesota Court of Appeals, the Court reversed a Scott County District Court whose decision had been adverse to an insured defendant in a car accident case. The defendant reported the accident to his insurer and then, apparently, could not be located when the lawsuit was filed. The insurer hired […]
FDCPA SOL: Expanding the Reach of Debt Collector Liability
The Fair Debt Collection Practices Act, FDCPA, can be a harsh and unforgiving statute for debt collectors, setting out fairly exacting standards on acceptable and unacceptable conduct related to debt collection (and providing for fee-shifting). (Some of the FDCPA’s rules are (or should be) nearly self-evident — it is improper to make empty threats, harassing […]
More Bad News for the Financial Services Industry
The U.S. Court of Appeals for the 8th Circuit dealt a blow to Ameriprise Financial. Judges Wollman, Beam, and Riley reversed summary judgment that the U.S. District Court (D. Minn.) had entered in Ameriprise’s favor on claims brought by a handful of mutual funds. Under Section 36(b) of the Investment Company Act of 1940 (“ICA”), […]
Homeowner/Borrower Putative Class Action Goes Down
The so-called subprime mortgage meltdown has not only resulted in the shutdown of hundreds of mortgage lenders and mortgage brokers in Minnesota and across the country. Another consequence has been a rash of enhanced state and federal laws intended to crack down on what were viewed as sharp practices by the mortgage lending industry that […]
Judicial Web-Surfing Prohibited: The Limits of Judicial Notice
With a nearly infinite respository of data on every desk thanks to the internet, including judges’ desks, it should come as no surprise that some judges have been tempted to undertake some independent fact-finding in seeking the best resolution of matters pending before them. Such was the case for the U.S. District Court, District of […]
When Reality Reads Like a Law School Exam…
Jurisdiction/Choice-Of-Law Drunken Defendant collided head-on with a vehicle driven by Plaintiff on the Blatnik Bridge, which spans the St. Louis River between Superior, Wisconsin and Duluth, Minnesota. Plaintiff was driving toward Wisconsin; Defendant “was driving toward Minnesota, but in the Wisconsin-bound lane,” as the Court of Appeals put it. (I favor compass directions and the […]
Turn-About’s Fair Play?
Securities fraud defendants sue securities fraud plaintiff’s counsel and expert in U.S. District Court, D. Minn. (PACER password required to access link) As those who follow securities fraud class action litigation, a notorious damages expert for the Milberg Weiss law firm, Paul Torkelson, plead guilty to perjury in connection with his bought testimony (undisclosed payments, […]
TILA 3 Years to Rescind: D. Minn. Reversed
Defendant/Homeowners obtained a loan to redeem after the foreclosure sale of their home, getting a $245,000 loan from Plaintiff Rand with an interest rate starting at 13.99% and, after one year, going up to 14.99%. Defendants fell behind on the new loan, were foreclosed, and failed to redeem. Prior to eviction, Defendants sought to rescind, […]
Insurance Coverage for Trademark Claims under CGL Policy in Minnesota
The Minnesota Supreme Court: “We are persuaded by the reasoning of the Wisconsin Supreme Court and the trend of other courts in concluding that trademark infringement falls within the plain and ordinary meaning of ‘infringement of title.’” [Editorial aside: isn’t “plain and ordinary meaning of ‘infringement of title’” either a paradox or an oxymoron?] The […]
To Thine Own Selves Be True?
From a recent U.S. Court of Appeals, Seventh Circuit, Order affirming the U.S. District Court grant of summary judgment for the defendant: “Gary Lizalek’s religious beliefs make for a complicated identity. As a matter of faith, he understands himself to be three separate beings: (1) GARY C LIZALEK, “a trust that was created by the […]