Company A and Company B agree that A will buy components from B if/when needed, at certain unit prices depending on volume.  There is no commitment to buy any widgets.  That’s to be determined by later purchase orders, the prices and terms to be reflected in corresponding invoices. In ebm-papst, inc. v. AEIOMed, Inc., plaintiff […]

As discussed previously Minnesota Litigator nearly a year ago, Margaret Coleman was enticed into a bad deal — a high interest loan secured by a mortgage on her house — except that Coleman had a viable claim against the lender for a violation of the Truth in Lending Act (“TILA”).  In the original December, 2009 […]

UPDATE:  Unfortunately for those that might have found interesting a lawsuit regarding corporate cyber-attacks (see the original post, below), BidClerk and Reed Elsevier apparently resolved their differences fairly quickly and quietly. While “no news is no news” and a quick dismissal gives the public no information (and certainly no admission of wrong-doing), given the detail […]

“Multi-district litigation” is a procedure in which lawsuits filed throughout the federal court system that are amenable to consolidated “mass” treatment are gathered up in one trial court for “pretrial proceedings.”  (The federal statute for “MDL litigation” is here.) The cases are supposed to be remanded for trial in the districts in which the cases were originally […]

The interesting fact pattern that gives rise to the problem in this case is what are the duties of a generic drug manufacturer if, after a drug’s initial federal approval (and approval (and then mandated use) of a specific warning label), new information comes to light about potentially harmful side effects?  Can a claim be […]

UPDATE:  Architect KKE provided services to developer, which went belly up, and the issue became whether KKE had mechanics’ lien priority over a lender/mortgagee.  The lender’s mortgage loan came after KKE had started architectural work but the lender’s lien was recorded before KKE’s lien was recorded (and before any ground-breaking on KKE’s work). Between KKE’s […]

If you share a joint account with a deadbeat, can the debt collector scoop up your hard-earned cash to satisfy the deadbeat’s debt? Without even giving you notice and the opportunity to be heard?? Maybe.  The burden of proof will be on you, the non-debtor account-holder, to prove the money in the account traces to […]

UPDATE: A third jury finds damages of $1.5 million this time against Jammie Thomas-Rasset (who had turned down a offer to settle for $25,000). [11/1/2010 post:] U.S. District Court Judge Michael J. Davis (C.J.) appears to have almost instantaneously stricken the 5-page brief of Prof. Charles Nesson of the Harvard Law School, filed in the […]

Minnesota Litigator is pleased to announce that Seth Leventhal, Minnesota Litigator’s publisher, editor, and author has moved back to downtown Minneapolis and is now in solo practice, specializing broadly in Minnesota commercial litigation in Minnesota state and federal courts. With fourteen years of experience in Twin Cities large firm civil litigation practice (click “ABOUT” for […]

U.S. District Court Judge Joan N. Ericksen (D. Minn.) has denied an emergency Tea Party motion to be allowed to wear Tea Party “paraphernalia” and “Election Integrity Watch” “Please I.D. Me” buttons at polling places — which would at least arguably be in violation of Minn. Stat. § 211B.11.