Strange as it may seem, the answer under current law in the Eighth Circuit and, in fact, in many federal courts across the country, is unclear. The U.S. Court of Appeals for the Second Circuit has identified the uncertainty and two Second Circuit Judges, Leval and Cabranes, reach opposite conclusions. Having researched this some years […]

This should be end of a saga in which one former New York/Dorsey & Whitney partner’s serious ethical lapses bled over onto other New York/Dorsey lawyers and the firm itself, but the U.S. Court of Appeals reversed the sanctions against the firm and the remaining Dorsey lawyers, squarely focusing blame and responsibility on the now-departed […]

As a rule this blog focuses on Minnesota law but some cases outside the jurisdiction are of such importance that they are worth noting. In re American Express Merchants’ Litigation, Docket No. 06-1871 (2nd Circuit, January 30, 2009) is such a decision. In a Sherman antitrust class action claim brought against American Express by merchants, […]