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.

The Challenges of Class Action Practice and Judicial Dislike of Sanctions

This recent ruling from Mag. Judge Arthur Boylan illustrates the challenges of being a class action lawyer and also is yet another example of the Court’s general disinclination to impose sanctions. Opt-in plaintiffs in this class action against Domino’s Pizza are pizza delivery drivers alleging violations of the federal and the Minnesota Fair Labor Standards […]

Non-Signing “Spouse” Still on the Hook?

Minnesota has a statute that dates back to the 19th century, originally passed to protect a woman from her husband’s mortgaging and losing their home without his wife’s knowledge, that requires both the husband and the wife’s signatures on mortgage loans.  Now, during the current “mortgage meltdown,” this law has become “an out” for some […]

Tort Reform at Work: Minnesota’s Affidavit of Expert Review Fatal to MedMal Case

A rather straight-forward statutory requirement of an affidavit of expert review to be filed with a medical malpractice lawsuit has resulted in the dismissal of many putative malpractice actions and, today, another one bites the dust.  (A similar requirement provides a threshold defense for other professionals under Minnesota law, here.) In today’s decision by the […]

Debt Collection, Garnishment, and Joint Bank Accounts…The Minnesota Supreme Court Consulted

This past summer, the United States District Court (D. Minn. (Ericksen, J.)) certified a number of questions to the Minnesota Supreme Court to be argued before the Minnesota Supreme Court tomorrow morning (12/1/09)  in Savig  vs. First National Bank of Omaha and Messerli & Kramer, P.A., Case No. A09-1221.The Minnesota Supreme Court will answer three questions put to […]

Milavetz, Gallop & Milavetz: On the Threshold of the U.S. Supreme Court

The Edina law firm’s trip to the U.S. Supreme Court was previously covered here.  Now, Marcia Coyle, of Law.com, has published a backgrounder (relating, for example, how, after putting himself through law school while working as a prison guard and raising three children, Robert Milavetz became a legal aid lawyer until he opened his own […]

Caveat Skier: Ski Resort Waiver of Liability AOK in Minnesota

Neither disparate bargaining power nor public policy preclude enforcement of waivers in the context of ski resorts, the U.S. Court of Appeals for the Eighth Circuit held today.  There is no Minnesota Supreme Court decision on point, but the Eighth Circuit, analogizing the case to sky-diving or horseback-riding, activities where Minnesota courts have upheld liability […]

MoneyGram Securities Fraud Class Action: Opposition to Motion to Certify Class & Redactions

U.S. District Court Judge David Doty won’t be deciding Plaintiffs’ motion to certify class against MoneyGram until after a class certification hearing set for Feburary 10, 2010 but the opposition to the motion, below, is of interest on at least a few levels. First, the fact that MoneyGram is contesting class certification at all is […]

Petters Prognostication: Dean Don Lewis Weighs In

The Wall Street Journal Law blog, Ashby Jones, interviews Dean Lewis as the Petters jury takes the balance of the week of for the holiday, to resume deliberation on Monday. Lewis: “I’d be stunned if he were acquitted.”

Fair Isaac: Now it is on to the appeal….

[12/11/09 UPDATE: The Minnesota Litigator jumped the gun. Before the appeal comes Fair Isaac’s motion for an amended judgment, judgment as a matter of law, a new trial or, in the alternative, findings of fact filed 12/10/09.] In a large lawsuit covered in this blog previously here (discovery deadline dispute), here (technology in the courtroom), […]

Rand v. Moua: The Other Shoe Drops

In a Truth-in-Lending Act (TILA) case covered previously on this blog, the lender lost on a TILA rescission claim before the 8th Circuit (which had reversed the District Court (D. Minn.)). Pursuant to the Eighth Circuit’s mandate, late last week, the lender/plaintiff, Rand, was ordered to pay defendants attorney’s fees (Amber Hawkins, John Tancabel) in the amount […]