Plaintiff functioned as a broker to arrange for the sale of a business in exchange for a broker fee. Defendant Merrill Lynch (and Merrill Lynch Global Private Equity Inc.), purchaser, told Plaintiff that the deal could only go through financially if Plaintiff took a fee of $1.5 million rather than the $7.15 million that it […]

A large number of lender defendants bought FirstPlus Bank loans (a California lending institution, now defunct) and were sued by a putative plaintiff’s class under Missouri’s Second Mortgage Loans Act in Missouri state court (which places limits on closing costs and fees in connection with second mortgages). Plaintiffs removed the case to federal court. Lenders […]

The United States Court of Appeals will hear argument on 9 a.m. August 18 on the Williams v. National Football League case (a number of consolidated/related appeals, actually) in St. Paul at the Federal Buidling (Courtroom 5A). For background on the battle, see here.

Particularly given the fact that attorneys’ fees often eat into plaintiff’s recoveries, it is a bitter pill when a plaintiff wins on liability but is awarded a fraction of its damages. Such was the case in Hyundai Motor Finance Co. v. McKay (below) in which the Arkansas jury agreed that defendant McKay breached its financing […]

Today the U.S. Court of Appeals for the Eighth Circuit reversed summary judgment in favor of the employer/defendant in a bizarre case in which an employee appears to have felt persecuted by a co-worker (who also happened to be his boss’ wife) and, among other similar allegations, by her repeated insistence that she could communicate […]

Last March, in regard to a product liability case concerning a recall of a crib with a defective dropside, this blog suggested a pending Eighth Circuit case, if it went the plaintiffs’ way, would signal a dramatic change in Eighth Circuit law, but went on to predict that plaintiffs would lose. Today, the proverbial “other […]

As reported here back in March, the U.S. Court of Appeals for the Eighth Circuit heard argument and has now ruled on a case in which the District Court held that a non-signatory to an arbitration clause could enforce the clause against a signatory to the agreement. Today, in a published decision, the Eighth Circuit […]

In an earlier post, this blog covered a case decided today by the U.S. Court of Appeals for the Eighth Circuit, reversing the U.S. District Court, District of Minnesota. In the earlier post, I opined that the District Court’s decision elevated form over substance and the Eighth Circuit appears to have reached the same conclusion.

Back in April, I reported a set-back for American Express at the Eighth Circuit. Yesterday, the case, having been remanded to the United States District Court (D. Minn.), was stayed “until such time as Defendants file a petition for writ of certiorari to the United States Supreme Court. At the same time as the petition […]

Today Yahoo! Inc. voluntarily dismissed its lawsuit brought a month ago against the NFL in the United States District Court to establish its rights to use player statistics in its fantasy football without paying licensing fees. Yahoo presumably brought its case here in Minnesota based on favorable Eighth Circuit law. The voluntary dismissal without prejudice […]