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.

Merchant & Gould Seeks to Transform A Big Loser into a Winner…

Jennifer Eisenbarth, of Shakopee, Minnesota lost a whole lot of weight, was a participant in the hit show, The Biggest Loser, and now sues certain weight-loss firms that, she alleges through her lawyers at M&G, “are wrongfully capitalizing on Plaintiff’s reputation and intellectual property rights to lure consumers into ordering their Infringing Products on the false premise […]

Equitable Subordination vs. Recording Act Priority: Citizens Savings Bank v. Raven Trading Partners

In Minnesota, as in many states nationwide, the priority of loans secured by mortgages on real property is normally determined by the order in which the mortgages are recorded. But what if the first-in-time mortgage is recorded second through some foul-up or delay for which the first-in-time mortgage is perhaps not completely blameworthy (or worse, […]

To Settle or Not to Settle? Why not both?!

Well over 90% of cases settle, many on the courthouse steps, some while the jury deliberates, and others, post-verdict while the case is on appeal.  Too bad the court system does not permit a “dual track” scenario where the parties settle the case, but also, just out of curiosity, the court decides a pending motion, […]

By Partying, Help the Poor Have Access to Legal Services

First Annual Legal Aid Benefit at First Avenue. Friday, 12/18.  $7.  “Come party with Alicia Wiley, The Alpha Centauri, Little Man, Kill the Vultures and Ada Jane.   Fantastic concert T shirts are available (nice poster design by stroker-ace.com, btw).   Tickets are only $7 and benefit Legal Aid, Working Toward Justice for All!”

ACLU Disposes of Tarek Ibn Zayad Academy Counterclaims

The ACLU is taking on the Tarek Ibn Zayad Academy (“TIZA”) Charter school for an alleged violation of First Amendment of the U.S. Constitution — i.e., the Establishment Clause. TIZA attempted to turn the tables and came out fighting with several counterclaims — tortious interference, business defamation. Today, the U.S. District Court, D. Minn., disposed […]

Settlement of Alleged “Unauthorized” “Sales” of Mobile Content Class Actions

Coming on the heels of the less-than-entirely successful Czech case, reported below (state claims were dismissed without prejudice saving the case from an outright defeat (subject to appeal, of course)), it seems only fair to highlight a case in the same industry in which the same plaintiffs’ class action counsel, Rob Shelquist of Lockridge Grindal, […]

Czech v. Wall Street on Demand: Annoying Text Message is Not Computer Fraud and Abuse

In an earlier post, this blog discussed a ruling of the U.S. District Court (D. Minn.) in which the Court was pessimistic about the plaintiff’s class action claims of computer fraud and abuse in connection with unwanted text messages on her cell phone. Plaintiff was given a chance to amend her complaint and give it […]

Allez! Allez! No Summary Judgement in LeMond Cycling v. Trek

Last month, this blog covered the parties’ attempt to dispose of the lawsuit before trial on motions for summary judgment.  Now, motions have been denied (in part).  Next stop: 1/28/09 Settlement Conference.

If you want to arbitrate, don’t litigate…

Federal courts favor enforcing arbitration clauses as a general matter; they are just following the dictates of the Federal Arbitration Act. On the other hand, litigants cannot bury their “arbitration card” and play it after first trying their luck in the federal court — a “get out of court free card.” In case there was […]

How do Petters’ Lawyers Get Paid?

Many have scratched their heads and wondered (and asked their lawyer friends) how convicted billion-dollar ponzi schemer Tom Petters’ lawyers are getting paid. Today’s Order, below, from the U.S. District Court (D. Minn.) answers the question. Petters Legal Fees Order