[UPDATE: Following up on the post below originally posted last week, Judge Davis resoundingly rejected Plaintiff’s “Motion to Vacate Judgment and other relief.  Plaintiff suggested that Judge Davis should have recused himself because, at one time, he was a state court judge and, through that experience, sat on the same court with potential witnesses in […]

[UPDATE:  Judge Kyle’s granted the motion for class certification this week.  The Court’s Memorandum Opinion and Order is here.] July 30, 2010 Post: Donning and doffing cases are a species of employment class action based on employers’ imposing requirements that employees wear particular gear to perform their work without compensation to the employees for the […]

This week the U.S. Court of Appeals for the Eighth Circuit affirmed U.S. District Court Judge Richard Kyle, Sr.’s dismissal of Plaintiff Detroit General Retirement System (et al.)’s putative securities fraud class action under the PLRA (Private Securities Litigation Reform Act of 1995).   Plaintiffs’ case was crushed between the Scylla and Charibdis of the […]

In Willenbring v. City of Breezy Point, et al., U.S. District Court Judge Michael J. Davis (C.J.) addressed many defendants’ motions for summary judgment on many claims this week.  Although plaintiffs had some causes of action that survived summary judgment, the vast majority did not.  Moreover, the recitation of facts — note that they are […]

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Twice in April, Minnesota Litigator covered this issue.  In June, Minnesota Litigator noted another decision in which lawyers overlooked a pleading requirement of 12 U.S.C. § 1332, when pleading “diversity of citizenship” for a business entity (that is, a corporation, partnership, or limited liability company).   Here we go again. Absent some interesting nuance or fine point, […]

[UPDATE:  Minnesota Litigator has covered the hard-fought Cenveo v. Southern Graphic Systems case repeatedly.   In the latest installment of this serial, Cenveo prostrates itself before the Court in abject apology for an over-length brief and an erroneous word count after having asked for leave to file an over-length brief, which the Court denied.  The point […]

[UPDATE #2:  (Sept. 2010) Third-party Maslon Borman Edelman & Brand is apparently out of the case.] [UPDATE: (July, 2010)  Originally commented on in early June in light of the apparent secrecy of the case, this case was “all sealed up” but now somewhat less so in light of last week’s order by U.S. Mag. Judge Janie […]

What could be easier than determining whether, in a particular lawsuit, there is more than $75,000 “in controversy” (which is a requirement for “diversity jurisdiction” in federal courts)?  In fact, the analysis is most often quite straight-forward. But what about a case in which an insurer seeks a declaratory judgment from the federal court — […]

[UPDATE:  Originally post below was in April.  This week, as predicted, the Minnesota Supreme Court affirmed the Minnesota Court of Appeals (here)  Plaintiffs lost.] At issue in this case, Life Time Fitness paid employees base salaries and also a bonus based on performance of various segments of the company.  Life Time would advance the bonus […]