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 […]
In May, this blog reported argument in the Scroggin appeal, a bellwether case for one of hundreds if not thousands of Prempro hormone replace product liability lawsuits. Today, the 8th Circuit opinion came down. It will take some time to review and analyze the 41-page opinion but the quick news is that the Eighth Circuit […]
An attorney, purporting to act on behalf of a client, sends correspondence that a disappointed business entity blames for the collapse of an important business transaction. The business entity (let’s call it PureChoice) brings suit against the son of the purported client — alleging that the client was not competent, that the son was acting […]
Experienced Minnesota personal injury attorney, Tom Conlin, argued this week to revive a lawsuit against Lutsen Mountains ski area lost on summary judgment. An eye witness made statements around the time of a devastating accident, statements which she later disavowed. (The accident apparently left the injured plaintiff unable to testify as to the circumstances of […]
On October 20, the 8th Circuit Court of Appeals heard argument in a federal housing case in which a jury, after a five-day trial, awarded about $13,000 of compensatory damages, and over $250,000 in punitive damages. The District Court Judge,Donald O’Brien (N.D. Iowa) sharply lowered the jury’s punitive damages award and denied the prevailing plaintiff’s […]
In late September, the Eighth Circuit U.S. Court of Appeals heard oral argument in Casey v. North American Savings, 8th Cir. File No. 09-1096, on an issue of federal preemption in the context of the regulation of federal lending institutions and today the court issued its ruling. It is a case of first impression with […]
Pending before the United States Court of Appeals for the Eighth Circuit is an issue of first impression for the Eighth Circuit, an issue that several district courts have confronted, but only one other circuit court, the Eleventh Circuit (Tapscott v. MS Dealer Service Corp.) — a decision whose analysis has been subject to criticism). […]
The United States Court of Appeals ruled today in the Williams case, discussed here previously. The lower court’s ruling has been affirmed “in all respects.”
The Eighth Circuit revived a plaintiff’s hostile work environment claim that the U.S. District Court, D. Minn. (Kyle, J.) had thrown out. Plaintiffs first brought suit against American Building Maintenance Inc. (ABMI), the parent company of their employer, American Building Maintenance of Kentucky (ABMK), which they added more than 90 days later. They made claims […]
Originally filed in November, 1999, the environmental clean-up litigation has gone back up to the Eighth Circuit and back down to the U.S. District Court, District of Minnesota (Rosenbaum, J.), repeatedly. Ten years of litigation seems excessive perhaps until it is measured against years of polluting and contamination that may remain for generations or require […]