Michael Hugh Kelly protested against the war in Iraq during the Republican National Convention in St. Paul in September, 2008.  He carried a banner, which was taken from him by police officers.  He was shot, soon thereafter, with a “less-than-lethal marking round” in the lower torso.  A “marked man,” he was arrested shortly thereafter.  (The […]

[UPDATE:  The day after the Eighth Circuit rejected the parties’ joint request to stay issuance of its opinion in light of the parties’ settlement, the Court released its decision affirming U.S. District Court Judge Richard H. Kyle, Sr.’s dismissal in favor of Medtronic. U.S. Court of Appeals Judge Michael Joseph Melloy’s concurrence-in-part and dissent-in-part seems […]

Minnesota Litigator has covered the case of Michael Afremov vs. Sulloway & Hollis and Michael LaFond vs. Maslon Borman Edelman & Brand, LLP previously.   The claim is for attorney malpractice in connection with alleged advice regarding how to address certain payments alleged to have been kickbacks and then related to Afremov’s subsequent guilty plea for […]

The case of Jewelean Jackson, et al. v. Mortgage Electronic Registration Systems, Inc. (MERS), et al., was an ambitious but completely unsuccessful legal challenge to the way that mortgages are foreclosed statewide.  Plaintiffs, represented by Legal Aid and others, pleaded that assignments of the promissory notes, which memorialize the financial obligation for which mortgages serve […]

This week Wayzata-based TCF National Bank has made national news by suing the Federal Reserve challenging the Durbin Amendment to the Wall Street Reform and Consumer Financial Protection Act of 2010, also known as the Dodd-Frank Act.  The 54-page complaint, a short treatise on the credit card industry concluding with three counts,  is here.  (TCF […]

Trial in this much-publicized lawsuit is set for November 2.  Will Justin Gervais, the ex-boyfriend of defendant Jammie Thomas-Rasset, take the stand for the record companies in this trial (which is limited to the issue of damages)? The record companies have raised the possibility.  Thomas-Rasset’s lawyers have tried to head that off.  The Court (U.S. […]

[Update:  Below, a July 22 post in which Minnesota Litigator queried how a case that seemed so simple and seemed to involve a relatively small sum of money (by federal civil litigation standards (at least when litigated by large firms)), could persist and, indeed, head for trial.  The litigants’ trial briefs (here and here) in advance of the […]

U.S. Magistrate Judge Susan Richard Nelson (D. Minn.) issued a stern notice to Wells Fargo and MBIA Insurance Corp. to get off the dime.   Wells Fargo sued MBIA back in May but the case then languished on the Court’s docket without so much as an answer from MBIA or even a stipulation extending the […]

Minnesota Litigator noted the Versacold vs. Inland American Brooklyn Park litigation about a year ago, only because the case appeared to hinge on Icelandic law, generally uncommon in Minnesota litigation.  The case’s glacial pace might be appropriate?  Currently before Senior U.S. District Court David S. Doty is an interesting little problem faced by Plaintiff Versacold.

[CORRECTION: In the post below, originally published on August 30, Minnesota Litigator suggested that the motion to strike affirmative defenses based on Iqbal/Twombly pleading standards in Nerger (still scheduled to be argued on 10/29, 10 a.m., before U.S. District Court Judge Donovan Frank (D. Minn.))  “may be the first case in the district” to address […]