If you’ve got year-to-year claims-made insurance policy, it seems fairly clear that your insurance premiums for policies to come will be influenced by claims you’ve made on your insurance in past years.  Therefore, you might think twice before running to your insurer to notify it of a somewhat vague and possibly frivolous claim.   Maybe, […]

Plaintiffs sued pharmaceutical Wyeth in New York state court, alleging that their cancer was caused by Wyeth hormone replacement therapy.  Defendants moved the New York Court to dismiss the case as falling outside the applicable New York statute of limitation. Defendants’ motion was apparently well-taken, plaintiffs knew it, and they hurried off to bring suit […]

The concept of “justice delayed is justice denied” is ancient.  But what does this broadly accepted generality mean in any particular case?  In civil litigation, there are three general time-frames:  (1) “emergency” — this is what temporary restraining orders are for; (2) “let’s cut to the chase” — that is, getting a decision or remedy short […]

[UPDATE:  The Minnesota AG will sit the fight out, reserving her right to weigh in if/when there’s an appeal.] Original Post: 9/13/2010: Over the past year, Minnesota Litigator has covered the Savig v. First National Bank case in which the Minnesota Supreme Court held in April that a judgment debtor is initially, but rebuttably, presumed […]

All regular readers of Minnesota Litigator and any civil litigator (at least those whose practices take them from time to time to federal court) are aware of the Iqbal and Twombly U.S. Supreme Court decisions and the repercussions of those decisions in subsequent federal practice. David Hashmall, well known Twin Cities litigator at the Minneapolis […]

Twas not exactly the night before Christmas but pretty close, when a swarm of hedge funds set upon Georgia-based Compucredit in U.S. District Court for the District of Minnesota with claims, essentially, that the funds’ interests as bondholders were being subordinated to the interests of others whose interests should have been junior to their own. […]

Dorsey & Whitney LLP represents the ACLU in this bitterly fought litigation against Tarek Ibn Ziyad Academy (“TiZA”), the establishment of which, the ACLU argues, violates the anti-establishment clause of the U.S. Constitution. As part of its defense, TiZA and related entity-defendants argue that the Dorsey law firm is conflicted and must be disqualified because […]

While somewhat off of Minnesota Litigator’s subject matter of developments in Minnesota civil litigation,  a number of Minnesota lawyers, including Minnesota judges (state and federal), have provided assistance to various international tribunals and foreign courts, addressing human rights problems in Kosovo and other countries.  From time to time, it is worthwhile to acknowledge what lies […]

Today, U.S. District Court Judge Donovan W. Frank (D. Minn.) denied plaintiffs’ motion for preliminary injunction attempting to strike down the Minnesota legislature’s response to the U.S. Supreme Court’s Citizens United case.

We approach the 6th birthday of Gallus v. Ameriprise, U.S. District. Court. (D. Minn.) Civ. File No. 04-cv-4498 (DWF/SRN), filed on October 14, 2004 (pending before U.S. District Court Judge Donovan W. Frank).   The case has been up to the U.S. Court of Appeals for the Eighth Circuit (where summary judgment for the defendants […]