Minnesota Litigator
News & Commentary
Do not consider the blog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state.
MinnLawyer Blog “Tweeting” the Republican National Convention “RNC 8” Motion Day
Similar to “tweets” from the Proposition 8 Trial in California, MinnLawyer blog has sent a reporter to all-day motion hearings in Ramsey County.
LeMond v. Trek Settles
Covered here and here previously, the battle of the bikes settled today. The Star Tribune article did not set out all of the terms of the settlement, which are likely confidential but part of the settlement was a $100,000 contribution to 1in6.org, a charity that LeMond apparently favors.
Race to the Courthouse, “First Filed Rule,” Minnesota’s “Hip Pocket Service”
The fight for preferred forum is an important preliminary skirmish in any interstate legal battle — that is, in any litigation between, say, a Minnesota company and an out-of-state company. And the proverbial “race to the courthouse” is a very common threshold issue. As every experienced Minnesota civil litigator knows, lawsuits, under Minnesota law, “commence” […]
Rare Event: Lemon Law Trial, Directed Verdict, and Reversal
Trials are anomalous these days, directed verdicts are a small subset of these rarities, and then reversal of a directed verdict on appeal, is that much more infrequent but so it was today for Minnesota lemon law lawyer, Todd Gadtke, in a case against Toyota in which Gadtke won over the Court of Appeals to his […]
Petters, Forfeiture, Restitution…. It’ll take some time…
Given the size and complexity of the Petters scheme, it is no surprise that it will take some time for the government to figure out a plan for restitution and so it is no surprise that the government has asked the Court for more time to sort through the issues in regard to restitution. (See […]
Non-Signing Spouse, Knew of Loan and Cannot Walk Away from Obligations
In today’s economy, it is unsurprising that we have covered several instances of challenges to mortgage loans when one of two spouses did not sign the mortgage and, on that basis, seeks to void the lender’s security interest in the property. (See here and here.) Today, in a published opinion, the Minnesota Court of Appeals […]
Important CAFA Decision (Seventh Circuit (Posner, J.)): “Litigation is not Ping-Pong”
Minnesota Litigator wanders outside of Minnesota and Eighth Circuit jurisprudence from time to time for important decisions in sister circuits, neighboring states, or the U.S. Supreme Court and a recent decision out of the Seventh Circuit warrants mention. The Class Action Fairness Act of 2005 made it easier to get class action litigation into federal […]
Akanthos, Whitebox v. Compucredit: Noteholders v. Shareholders (Follow-Up)
Updating a previous post regarding a Holiday fire-drill thanks to plaintiffs’ emergency motion for a temporary restraining order and expedited discovery, the “emergency” motion was denied by Judge Rosenbaum on 12/29. Plaintiffs keep up the pressure with a motion for immediate discovery (not awaiting the Rule 26(f) scheduling conference). One wonders if there might have been a […]
Seven Disciplines + 1? Thomas J. Lyons, Jr. Before Minnesota Supreme Court
Earlier this month, the Minnesota Supreme Court heard argument in the matter involving Thomas J. Lyons, Jr., who is widely known in the local bar, if only indirectly by many, through his prolific Fair Debt Collection Practices Act complaints filed in U.S. District Court (D. Minn.). FDCPA claims by Lyons and others represent a substantial […]
Defensive Win, More or Less, for Minnesota Advocates for Human Rights
Plaintiff George Boley claimed that he was defamed by Jennifer Prestholdt, Deputy Director of the MAHR, in a 11/16/06 interview with Kerri Miller, Minnesota Public Radio, regarding alleged crimes in Liberia and a related Truth and Reconciliation Commission. Defendants Prestholdt and the MAHR, represented by Faegre & Benson, sought summary judgment on their anti-SLAPP defense […]