Managing cash flow is a challenge for all businesses and, in particular smaller businesses.  This probably explains the appeal of flat fees or the so-called “nonrefundable retainer,” i.e., lawyers propose money up-front in exchange for work to be performed over time, with the up-front agreement that the retainer is “non-refundable.”  In exchange for the immediate […]

Update:  Perhaps Minnesota Litigator’s report, below, of the imminent demise of the “show me the note” foreclosure defense was premature?  Minnesota homeowners Steven and Tamara Gewecke make national news in a story about a supposed broadening acceptance among courts for this defense.  The Geweckes’ case is before U.S. District Court Judge John R. Tunheim and […]

The federal Telephone Consumers Protection Act or TCPA is a federal law targeting certain telephone marketing practices, but that statute seems to provide that lawsuits under the federal law should be brought in state court (“A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in […]

In 2004, Frontier Insurance brought a lawsuit against Frontline Processing Corp., et al., based on a business relationship that went bad and based on Frontier’s allegations of unsound underwriting and alleged failure to pay premiums by defendants, Frontline and others.  Frontier brought the lawsuit in Hennepin County District Court (Holahan, J.).  Judge Holahan, in turn, […]

UPDATE:  CONFIRMED. Original Post, 12/14/2010:  Dan Gustafson, of Gustafson Gluek PLLC, and former FBA-Minnesota Chapter President, appeals to Minnesota Senators for action on U.S. Mag. Judge Susan Richard Nelson’s nomination to the district court and asks others to urge action as well.

On-line or remote sales (that is, sales via telephone or mobile phone) continue their steep rise, putting the squeeze on your friendly neighborhood ________ (fill in the blank).  Small businesses across the country have already had their hands full over the past 20-30 years with the advent of the big nationwide/worldwide chains (Walmart, Costco, Minnesota’s […]

“Mind the gap” is a memorable warning to London underground travelers.  It is also an appropriate warning to civil litigators regarding federal jurisdiction.  And U.S. District Court Judge Richard H. Kyle issued the warning this week in a class action removed from state court involving “gap insurance,” as it happens.  

Perhaps on some level it is gratifying for a district court to be “vindicated” by the U.S. Supreme Court after reversal by the intermediate appellate court? This past week, U.S. District Court Judge Donovan W. Frank (D. Minn.) reinstated his 2007 ruling in the Gallus v. Ameriprise case in light of Jones v. Harris Associates […]

Readers of Minnesota Litigator know that U.S. District Court Judge John R. Tunheim has been presiding over a multi-week trial in a Levaquin bellwether trial.  He has another substantial trial on the calendar soon.   Of course, he has many additional cases assigned to him as well.   Meanwhile, a seat on the district court […]

The jury awarded John Schedin $700,000 in compensatory damages (with 75% liability assigned to J&J, 25% shared between Schedin and his personal doctor).  $1.115 million in punitive damages.  The Johnson & Johnson shareholders do not seem overly concerned.