In a Truth-in-Lending Act (TILA) case covered previously on this blog, the lender lost on a TILA rescission claim before the 8th Circuit (which had reversed the District Court (D. Minn.)). Pursuant to the Eighth Circuit’s mandate, late last week, the lender/plaintiff, Rand, was ordered to pay defendants attorney’s fees (Amber Hawkins, John Tancabel) in the amount […]

This blog covered the action brought by Mark Ireland and the Foreclosure Relief Project in connection with the federal HAMP (Home Affordable Modification Program) here. News this week: the complaint was dismissed. ( article here.) (Wall Street Journal Real Estate Blog here.) Denial of Foreclosure Relief Project Mot Prelim Inj

If, hypothetically, your business were devising a business strategy that could, if successful, severely impact if not destroy another business, should you “reasonably foresee” litigation at the outset of implementing that business strategy? A person must preserve documents that the person knows or should know will be discoverable in “reasonably foreseeable” litigation.  In the hypothetical, […]

It might sometimes seem that courts have a bit of a split personality regarding technology in the courtroom, both taking pride in high-tech courtroom features and famously proclaiming that some technology will only come into the court over the judge’s dead body. Of course, the important distinction is whether the high-tech features are there to […]

I suspect that few Minnesota clients celebrate Minnesota legal rates as a real bargain but those who have worked with lawyers out of New York, Chicago, D.C., L.A., etc., know, at least, that things could be considerably worse. And lawyers from out-of-state who come to Minnesota and ask for court approval of their higher rates […]

Update: The Fair Isaac litigation was the subject of an earlier entry (below), a skirmish about deadlines.  A deadline, again, is the subject of motion practice. This time it is a motion to exclude Experian’s amended exhibit list as untimely, set for hearing tomorrow afternoon, less than ten days before the scheduled start of trial […]

Latest news re: Home Affordable Modification Program (HAMP) Class Action:  Judge Ann D. Montgomery heard argument this afternoon on plaintiffs’ motion for a preliminary injunction in this putative class action on behalf of individuals who have sought government assistance to avoid foreclosure and eviction from their homes under the HAMP and have been denied that […]

1) Three-years of litigation, three-week trial, one day’s jury deliberation: Plaintiffs zeroed… In a long and certainly hard-fought class action battle against Allianz Life Ins. Co. of Golden Valley, plaintiffs, led by Karl Cambronne came up empty-handed. Allianz was repesented by a phalanx of lawyers from Jordan Burt, which focuses on insurance and financial services. […]

U.S. District Court Judge Anne Montgomery has ruled on an electronic discovery issue in a putative class action about materials used in brass plumbing fittings and alleged related property damage. (In re: Zurn Pex Plumbing Products Litigation, MDL No. 08-1958) Apparently the defendant successfully argued, initially, that electronic discovery would be onerous and that it […]

Defendant/Homeowners obtained a loan to redeem after the foreclosure sale of their home, getting a $245,000 loan from Plaintiff Rand with an interest rate starting at 13.99% and, after one year, going up to 14.99%. Defendants fell behind on the new loan, were foreclosed, and failed to redeem. Prior to eviction, Defendants sought to rescind, […]