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.

Minnesota Business Torts Deskbook Seminar

On Friday, March 13, the MSBA CLE program will present the 2009 Minnesota Business Torts Deskbook Seminar (including the fully searchable Deskbook on CD ROM). I will be presenting on my chapter, Credit and Collections, which focuses on the Truth-in-Lending Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Minnesota […]

Go tell it on the mountain… The importance of notice…

In the Matter of the Petition of Crablex, Inc., Minn. App. Ct. , Court File No. A08-0458, decided 2/10/09. We are in an age of foreclosures and the Minnesota Court of Appeals has issued a published decision making clear that a foreclosure action “never binds any one who has not been made a party, or […]

Counselor, Adviser, Whistleblower?

The Minnesota Lawyer highlights Kidwell v. Sybaritic, Inc., a case now pending before the Minnesota Supreme Court, addressing the question of whether an in-house lawyer may avail himself of the state whistle-blower statute.

Class Actions & Arbitration Clauses: Clash of the Titans

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, […]

Regulating Those Who Profit From Misfortune

States have long had laws that prevent opportunistic pricing in times of natural disaster or laws that address particularly vulnerable groups. In these challenging times, the Minnesota legislature has addressed the risk that some might seek to exploit those in the dire circumstances of foreclosure. Today brings news of the Minnesota AG’s office seeking to […]

If these walls could talk…

Donnelly Bros. Construction Co., Inc. v. State Auto Prop. & Cas. Co., Minn. Ct. App. A08-0457 (January 26, 2009) Though the technology may exist, it is uncommon to have sensors within the walls of buildings to determine the exact moment when there is water penetration or related damage. Water intrusion in stucco and other home […]

Caveat Vendor? Increased Risk of Liability for Slip and Falls

Gilmore v. Walgreen Co., A07-2387 (Minn. Ct. App., January 20, 2009) Plaintiff tripped over an empty pallet at a Walgreen, was injured, and brought suit against Walgreen. The District Court (Ramsey Cty., Higgs, J.) granted summary judgment for Walgreen finding that the impediment was “known and obvious” and thus did not trigger a duty of […]

Subprime Fraud on Top of Subprime Fraud?

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 […]

Dorsey Obtains Reversal of Decision Against Dorsey Itself

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, […]

Eight Year Case About Nothing…. Finito

Mirfashi v. Fleet Mortgage Corp., U.S. Ct. of Appeals, 7th Circuit, Case No. 07-3402 In a typical Posner opinion (offering a definition of chutzpah and concluding with a one-sentence paragraph: “This case is finito,” for example), the Court of Appeals (7th Cir.) considers a more common scenario than some might think: how much is the […]