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.

No conflict, Scout’s Honor?

In a case up in Duluth, counsel, an individual has brought a lawsuit against the Girl Scouts, an employment dispute, and the Girl Scouts’ counsel is the lawyer who represented the plaintiff back in the 80’s in her dispute with another employer. The trial court reasoned that the issues in the two lawsuits are “not […]

More Bad News for Financial Services Industry (continued…)

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 […]

Suing Plaintiff’s Counsel: Turn-About’s Fair Play (continued…)

Back in March, this blog report that Grand Casinos and well-known Minnesota business man, Lyle Berman, represented by Dorsey & Whitney LLP, are pleading fraud, conspiracy, negligent supervision, and RICO against the prominent plaintiffs securities class action law firm, Milberg Weiss, based, primarily, on the fact that Milberg worked with a damages expert who accepted […]

Yahoo Suit Against NFL re: Fantasy Football Stats Dismissed

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 […]

Rule 60 & The Intersection of Criminal and Bankruptcy Law

Allen Stanford, Marc Dreier, Bernie Madoff, Tom Petters… More than a few cases these days are at or near the intersection of criminal law and bankruptcy law and the U.S. Court of Appeals for the Eighth Circuit, reviewing an appeal from the Bankruptcy Appellate Panel for the Eighth Circuit has weighed in today. The basic […]

5-0 Win for Franken at the Minnesota Supreme Court

The result is no surprise to anyone. At its essence, Coleman’s argument was, “Because some absentee votes were improperly counted (accidentally), all improperly completed ballots should be counted (on purpose)….”

Arbitration Clause Fails: Too Tentative

A seller included language in a contract to the effect that, “ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS CONTRACT MAY BE SETTLED IN BINDING ARBITRATION…” Then later “sales confirmations” from a broker include a boiler-plate provision that, “Any controversy or claim arising out of this contract shall be settled by arbitration by the Association […]

Double Bogey: Legal Malpractice, Insurance Coverage Denied

Plaintiff artist made paintings, “Infamous Golf Holes,” which he submitted to GM’s Cadillac division for possible use in advertising about ten years ago. Cadillac took a pass but then, plaintiff believes, misappropriated his images or ideas in Cadillac advertising. (Aside: plaintiff appears to have made more than $3 million with his golf paintings over the […]

Criminal Law, Expert Evidence, and the Constitution’s Confrontation Clause

Today the U.S. Supreme Court, in a 5-4 decision (but not the standard break-down between “conservatives” and “liberals”), held that the accused in criminal cases is entitled to confront witnesses under the Sixth Amendment of the U.S. Constitution such that a certificate of state laboratory analysts as to drug weight or composition was not sufficient […]

Minnesota Joint & Several Liability, Reallocation

Plaintiff Newinksi worked for Northern States Power (NSP) during which time he worked with Defendant Crane’s abestos-containing products, which, he alleged, caused his mesothelioma. Newinski also dealt with asbestos-containing products from other manufacturers, but less so. The case involved three defendants and four other potential suppliers of harmful asbestos-containing products that may have contributed to […]