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.

Recalcitrant Second and Eleventh Circuits Make Leap to 21st Century

Second and Eleventh Circuits “went live” with the CM/ECF electronic court docketing system on January 4, which makes all U.S. Courts of Appeal now on the system and all more broadly accessible (though still not as accessible as some would like).

What is the opposite of a Pyrrhic victory?

A Pyrrhic victory is defined as a victory that comes at such devastating cost that it is a victory in name only.  In truth, it is a lost battle, masquerading as a win.  Our language does not seem to have an expression for the opposite situation — a won battle, masquerading as a loss.  I […]

Federal Prison Run By an Outlaw and This is Not Newsworthy?

Actually, it’s not. As part of its monitoring of U.S. Eighth Circuit Court of Appeals decisions, the author notes from the affirmance of a denial of a petition for a writ of habeas corpus (shorthand: prisoner loses gambit to get out of prison) that the warden of the medium-security Federal Correctional Institute in Forrest City, […]

Hecker Sues GMAC

As discussed just yesterday on this blog, widely known car dealer Denny Hecker seems somewhat against the ropes in the bankruptcy cases (and the divorce case) in which he is involved. Clearly he’s still got some fight in him. Today, he filed suit against GMAC. (Complaint after the break)Hecker v GMAC height=”500″ width=”100%” >     […]

8th Circuit: Non-Signatory CAN Enforce Arbitration Clause

In third quarter ’09, this blog reported an Eighth Circuit decision holding that a business that did not enter into an arbitration agreement could not compel arbitration based on an arbitration clause to which it was not a party.  In today’s decision, the U.S. Court of Appeals for the Eighth Circuit (Melloy, J.) held under […]

Hecker Setbacks Mount

This morning’s Star Tribune reports that Judge Robert Kressel’s patience is being tried by what he views as a less than forth-coming attitude by Hecker in regard to Hecker’s obligations to produce documents in discovery related to Chrysler Financial’s claims against Hecker. On a different front, U.S. District Court Judge Magnuson affirmed Judge Kressel’s early order […]

Now, Even Better Better Business Bureau?

Former BBB CEO Albert Lee Hubbell suffers from bipolar disorder, which he shared with his employer.  Nonetheless, revenue increased under his leadership, he was highly praised in 360-degree reviews, and he was well compensated.  But he apparently neglected to share that he involved the BBB in a business transaction with the romantic partner of a […]

8th Circuit Decides Kirkland v. Wyeth in Plaintiffs’ Favor & Mandates Remand to Minnesota State Court

This case, Kirkland v. Wyeth, arising from hormone replacement therapy lawsuits (prempro), was covered on this blog here.  The Eighth Circuit’s description of today’s opinion (and link to the opinion)(Bright, Author, with Murphy and Riley, Circuit Judge) is here. (In the earlier post, readers may note I made a prediction which proved wrong, although I […]

Four years of litigation to enforce a settlement agreement and, in the end, no damages….

This fight between T-Mobile and RPC Properties has gone up to the Minnesota Supreme Court, back down to the trial court, and back up to the Court of Appeals and it would seem the entire dispute might be about no damages or, at most, substantially less than $100,000.  For those who think “fee-shifting” (that is, […]

Battle of the Bubbly: Cristal v. Cristalino

A trademark fight that celebrates its third birthday in the U.S. District Court, D. Minn., in less than two weeks, is set for court trial on February 8. Louis Roederer’s Cristal-brand champagne sells for over $150/bottle. Defendant’s Cristalino “Brut Cava” (not champagne, the defendant will no doubt stress) is less than $10/bottle. U.S. Judge Joan […]