The fight for preferred forum is an important preliminary skirmish in any interstate legal battle — that is, in any litigation between, say, a Minnesota company and an out-of-state company. And the proverbial “race to the courthouse” is a very common threshold issue. As every experienced Minnesota civil litigator knows, lawsuits, under Minnesota law, “commence” […]
Trials are anomalous these days, directed verdicts are a small subset of these rarities, and then reversal of a directed verdict on appeal, is that much more infrequent but so it was today for Minnesota lemon law lawyer, Todd Gadtke, in a case against Toyota in which Gadtke won over the Court of Appeals to his […]
Given the size and complexity of the Petters scheme, it is no surprise that it will take some time for the government to figure out a plan for restitution and so it is no surprise that the government has asked the Court for more time to sort through the issues in regard to restitution. (See […]
In today’s economy, it is unsurprising that we have covered several instances of challenges to mortgage loans when one of two spouses did not sign the mortgage and, on that basis, seeks to void the lender’s security interest in the property. (See here and here.) Today, in a published opinion, the Minnesota Court of Appeals […]
Minnesota Litigator wanders outside of Minnesota and Eighth Circuit jurisprudence from time to time for important decisions in sister circuits, neighboring states, or the U.S. Supreme Court and a recent decision out of the Seventh Circuit warrants mention. The Class Action Fairness Act of 2005 made it easier to get class action litigation into federal […]
Updating a previous post regarding a Holiday fire-drill thanks to plaintiffs’ emergency motion for a temporary restraining order and expedited discovery, the “emergency” motion was denied by Judge Rosenbaum on 12/29. Plaintiffs keep up the pressure with a motion for immediate discovery (not awaiting the Rule 26(f) scheduling conference). One wonders if there might have been a […]
Earlier this month, the Minnesota Supreme Court heard argument in the matter involving Thomas J. Lyons, Jr., who is widely known in the local bar, if only indirectly by many, through his prolific Fair Debt Collection Practices Act complaints filed in U.S. District Court (D. Minn.). FDCPA claims by Lyons and others represent a substantial […]
Plaintiff George Boley claimed that he was defamed by Jennifer Prestholdt, Deputy Director of the MAHR, in a 11/16/06 interview with Kerri Miller, Minnesota Public Radio, regarding alleged crimes in Liberia and a related Truth and Reconciliation Commission. Defendants Prestholdt and the MAHR, represented by Faegre & Benson, sought summary judgment on their anti-SLAPP defense […]
It is relatively rare to have an eviction proceeding in federal court but when landlord and tenant are from different states and the stakes are high enough, it can happen. Tenant Office Depot removed an action for eviction brought against it by landlord City Center, and now finds itself before U.S. Judge Richard Kyle (D. […]
Chief Judge Michael Davis (D. Minn.) has reduced the judgment against Jammie Thomas-Rasset down from $80,000 per illegally downloaded song to $2,250. (The earlier jury verdict covered here.) (Today’s opinion, after the break.)Capitol Records v Jammie Rasset