When bringing a whistleblower claim — that is, when bringing a lawsuit claiming wrongful termination for “blowing the whistle” — employees and their counsel must take care and be sure that the whistle-blowing related to a violation of law (“or rule adopted pursuant to law” — i.e., a government regulation). In the Kratzer case decided […]

Today the U.S. Court of Appeals for the Eighth Circuit reversed summary judgment in favor of the employer/defendant in a bizarre case in which an employee appears to have felt persecuted by a co-worker (who also happened to be his boss’ wife) and, among other similar allegations, by her repeated insistence that she could communicate […]

U.S. District Court Judge John R. Tunheim certified a class action under the Fair Debt Collection Practices act, premised on the fact that the debt collector defendant added a fee of 35% of the debt, as a collection fee, on top of the amount of the underlying debt. This, the Court held, was inconsistent with […]

The Minnesota Judicial Branch has released its 2008 Annual Report. The United States District Court, District of Minnesota, has announced proposed changes to local rules (link to redline: here). “The Court will consider adoption of the proposed amendments after reviewing any comments or suggestions submitted on or before August 21, 2009.” Stay tuned for further […]

Last March, in regard to a product liability case concerning a recall of a crib with a defective dropside, this blog suggested a pending Eighth Circuit case, if it went the plaintiffs’ way, would signal a dramatic change in Eighth Circuit law, but went on to predict that plaintiffs would lose. Today, the proverbial “other […]

In a divorce, the ex-husband-to-be made representations as to the value of a business which his ex-wife, after divorce, concluded were false and fraudulent. Ex-wife settled with ex-husband but continued claims against his lawyer and lawyer’s law firm. The lawyer and firm argued, however, that the ex-wife, in settling her claims with the ex-husband should […]

As reported here back in March, the U.S. Court of Appeals for the Eighth Circuit heard argument and has now ruled on a case in which the District Court held that a non-signatory to an arbitration clause could enforce the clause against a signatory to the agreement. Today, in a published decision, the Eighth Circuit […]

In an earlier post, this blog covered a case decided today by the U.S. Court of Appeals for the Eighth Circuit, reversing the U.S. District Court, District of Minnesota. In the earlier post, I opined that the District Court’s decision elevated form over substance and the Eighth Circuit appears to have reached the same conclusion.

Senator Al Franken, then and now…

We have all seen the promotions — a free box of steak if you get your windshield replaced at a particular vendor. Here’s the legal backdrop giving rise to the box of steaks: Minnesota law requires auto insurance. Minnesota law requires that auto insurers cover windshield replacement. Minnesota law provides that insureds are allowed to […]