Donaldson Company, Inc. vs Burroughs Diesel, Inc., Case No. 08-2705 (oral argument, 3/13/09) A January 2009 per curiam unpublished 8th Circuit decision reversed the U.S. District Court, E.D. Mo. (Laughrey, J.), on its rejection of a non-signatory’s motion to compel arbitration. Finnie v. Looby, et al., 8th Cir. File No. 07-3526 (filed 1/12/09). The issue […]

Bell v. Hershey, 8th Cir. File No. 08-2458 (oral argument, January 15, 2009; case decided February 25, 2009). Plaintiff brought a class action antitrust lawsuit in Iowa state court pleading $4.99 million in damages to fall under the $5 million jurisdictional amount which is required to get into federal court. (The plaintiff alleged that it […]

When a couple takes out a mortgage loan but one of the two does not sign the mortgage, can the lender foreclose on the mortgage in the event of default on the loan? It would appear not, under Minnesota statutory law, at least. Minn. Stat. 507.02. Wells Fargo, however, is now appealing just such a […]

Lester v. Novastar Financial Corp., 8th Cir. Civ. File No. 8452WM (oral argument, 1/16/09) The Eighth Circuit has upheld the dismissal of several securities fraud class actions over the past two years. How will they react to the dismissal of a fraud claim against a subprime lender? The allegations in the class action plaintiffs complaint […]

Bremer Bank had Dorsey & Whitney LLP, the largest law firm in Minnesota, in its sights for some years in connection with an investment that went South and Bremer lost a lot of money. Dorsey had played a role in the transaction. Dorsey represented an intermediary, Miller & Schroeder, that was soon insolvent. Bremer Bank, […]

Bannister v. Bemis Company, Inc., 8th Circuit Court of Appeals (Case No. 08-1634) Argued before the U.S. Court of Appeals on 11/14/08 on appeal by appellant Bemis on rulings of cross-motions for summary judgment by the District Court (Kyle, J., D. Minn.), Bemis appears to be facing a strong headwind in its attempt to reverse […]