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.

35W Bridge Litigation

In addition to the medical device and pharmaceutical mult-district litigation in the U.S. District Court, D. Minn., the largest Minnesota litigation in 2009 (aside from what will likely be the current but transient MN Senate election-related litigation) will probably be the fall-out from the August 1, 2007 35W Bridge Collapse. Covering the various 35W cases […]

Minn. Ct. App.: No Family Discount for Same-Sex Couple is No Violation of the MHRA

The Minnesota Court of Appeals (Kalitowski, Peterson, Halbrooks) affirmed Olmsted County District Court’s rejection of a Minnesota Human Rights Act (MHRA) claim brought by a couple of women (the Monsons) who were rejected by the Rochester Athletic Club in their application for a family discount on their athletic club membership fee (given to families and […]

Any place but here…

Now is no time to envy Minnesota state legislators, with a $4.8 billion budget deficit for a two-year period. They convene tomorrow for the 2009 session. It is a lot easier to think of all that needs to be done than it is to think of what there is to cut.

Equitable Tolling: How Much Diligence is Due?

Abbotts v. Campbell, 8th Cir. Case No. 08-1349 (filed 12/29/08) Investors in an ultimately worthless venture brought claims admittedly well beyond the applicable six-year Minnesota statute of limitation, seeking equitable tolling under Minnesota law. A crucial fact in the case was that a particular document, defendants’ waiver of certain rules governing the sale of securities, […]

Happy 2009! Happy New Year!

As of January 1, 2009, I am no longer with Dorsey & Whitney, LLP, where I had been since 2000, and I go from being a Trial Group partner in Minnesota’s largest law firm to “the other D&W” as I like to call it, Daniels & Wymore PLLC, where I will be the fourth litigator […]

Pro Bono: A Call to Inaction?

On December 27, James Walsh, of the Star Tribune newspaper, reported that Chief Judge Michael Davis has sent out a call for more attorneys’ volunteer representation of pro se civil litigants in federal court. Walsh’s article, however, focuses on one outlandish pro se claim of a voodoo love spell cast on an errant husband, not […]

Having Cake, Eating it Too? Judges tend to take a dim view.

Bannister v. Bemis Company, Inc., 8th Circuit Court of Appeals (Case No. 08-1634) Argued before the U.S. Court of Appeals on 11/14/08 on appeal by appellant Bemis on rulings of cross-motions for summary judgment by the District Court (Kyle, J., D. Minn.), Bemis appears to be facing a strong headwind in its attempt to reverse […]

Going After the Ex-Employee’s Theft of Computer Files?

Condux International, Inc. v. Haugum, Civil File No. 08-4824 (D. Minn.) 12/15/2008 It is a fact of modern business that, from time to time, employees leave companies and, on their way out, take electronically stored information (electronic files). If the employee, at the time that he accesses and takes the files, is authorized to use […]

Ponzi Unmasked, Next Steps…Quick Thoughts

A Ponzi scheme, a.k.a., a pyramid scheme, is insolvent almost by definition. One investor’s “principal” investment becomes an earlier investor’s “interest” and thus the Ponzi entity’s liabilities exceed its assets at any given time. When the recent alleged Petters and Madoff multi-billion dollar schemes collapsed and came to light, they left “investors” looking to recover […]

No Civil Penalties Against Comatose Check Bouncer

Metro Gold, Inc., vs. Garrett Coin, Minn. Ct. App. A07-2117 (12/10/08) In a case notable for its strange facts, an individual wrote a check for more than $200,000 to buy gold and very shortly thereafter went into a coma, dying a few weeks later. The check bounced. Minnesota law provides for civil penalties against the […]