• January 29, 2018

The NFL zealously protects its IP so we had to create our own graphic

Minneapolis-St. Paul metro area residents are putting up with quite a lot of disruption due to the upcoming NFL championship football game and one has to wonder what we are getting in return?

In particular, what about Minnesota lawyers? Don’t they deserve a little bump, a little compensation, for putting up with this extravagant spectacle?

Of course, we do.

Maybe the recently filed lawsuit by Nomadic Entertainment Group against Dakota February Events, LLC will begin to make a dent in the trade imbalance between Minnesota lawyers and the National Football League?

The basic claim in Nomadic’s lawsuit is straight-forward but contruction-related litigation can be extremely document intensive and factually complicated.

The basic claim is that Nomadic was responsible for building an entertainment facility outside and near Mystic Lake Casino. Nomadic allegedly failed to meet a “completed by” deadline. Dakota pulled the plug on the venture, which will impose obvious and significant financial loss to Nomadic. Nomadic suggests that Dakota acquiesced in the delay and caused the delay; therefore, Dakota is liable to Nomadic for several million dollars.

So far, the Nomadic case only includes one Minnesota lawyer (Mr. Lee Hutton of Barnes & Thornburgh) as local counsel for the NY-based litigation rockstar law firm of Boies Schiller & Flexner, LLP, counsel for the Plaintiff. But we hope the defendant will pick from the ample supply of home-grown talent to do battle with the big Boies.

If they do, our money will be on the home-town team (and not only because we will be repatriating more of that Super Bowl cash to our home state).

One of Nomadic’s first hurdles, we expect, will be a claim of sovereign immunity because the Shakopee Mdewakanton Sioux Community, an Indian tribe, owns the Dakota LLC. If Nomadic lawyers clear that, we predict a lengthy and expensive battle before U.S. District Court Judge Joan N. Ericksen (D. Minn.) to whom the case has been assigned.

Stay tuned…


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