…rm or illness? As a first line of defense, pharmaceuticals and device manufacturers seek protection under federal regulation but there are ways for such manufacturers to game that system (by promoting, for example, “off label” uses or, theoretically, by duping federal regulators by other means (i.e., concealing or distorting data as to efficacy or side effects)). So the FDA may afford medical companies some protection, but that protec… Continue reading →

…ispute is whether a lease includes an “option to renew” or an “option to extend” but “the words ‘extend’ and ‘renew’ do not control…” U.S. District Court Judge Ann D. Montgomery (D. Minn.) ruled in favor of Plaintiff Camelot LLC and against AMC Showplace Theatres on cross-motions for summary judgment arising in a dispute over lease terms for the theater on Minneapolis’ “… Continue reading →

A decision last week by Judge Ann Montgomery in RSM McGladrey v. Epp should be required reading for all attorneys who draft employment agreements, especially those with non-competition and arbitration provisions. The defendants were managing directors of RSM, working out of its New York office, specializing in RSM’s health care practice. As a condition of their employment, each signed a Managing Director Employment Agreement, which includes cove… Continue reading →

… doing, mitigate the upstream bank’s risk), this might be a situation of “too clever by half” and the originating bank will still be on the hook. This is the upshot of a decision by U.S. District Court Judge Ann D. Montgomery (D. Minn.) last week in the case of American Bank vs. Mercantile Bank in which she granted in part and denied in part defendant’s motion for summary judgment. The underlying key principle is that bank… Continue reading →

…a CPAP machine).  AEIOMed therefore stopped paying ebm-papst invoices, refused delivery of orders, and, predictably, the result was litigation. Of particular interest to commercial litigators will be U.S. District Court Judge Ann D. Montgomery’s (D. Minn.) analysis of plaintiff’s motion for summary judgment as to attorneys’ fees because ebm-papst’s invoices provided for fee-shifting if it had to bring suit for payment on t… Continue reading →

… plaintiffs’ loss in New York, even though plaintiffs’ claims were not barred under the Minnesota statute of limitation (and they brought suit in Minnesota before they lost in New York).  U.S. District Court Judge Ann Montgomery adopted Judge Graham’s Report and Recommendation.  For those interested in the complexities of federal/state substance/procedure civil procedure analysis, Judge Montgomery’s 11-page opinion sets ou… Continue reading →

…220;frivolous” may be wrong.  And the delay in giving your insurer notice of a claim may strip you of insurance coverage. In Chartis Specialty Ins. Co. v. Restoration Contractors, Inc., et al., U.S. District Court Judge Ann D. Montgomery (D. Minn.)  awarded summary judgment to the plaintiff insurer who sought a declaratory judgment of no coverage for failure to give timely notice of a claim. Insured’s assessment of the claim as frivol… Continue reading →

…while charging, which is combustible at concentrations in excess of 4%.  Products with lead-acid batteries, therefore, should be designed with vent-holes to avoid high concentrations of hydrogen gas. U.S. District Court Judge Ann D. Montgomery (D. Minn.) ruled last week in favor of defendant EnerSys, the battery manufacturer, in this products liability action, including a picture in her opinion that says it all (see Mem. Op. & Order at p.3). … Continue reading →

Filed in April, 2007, the day of reckoning draws near for employment this employment class action before U.S. District Court Judge Ann D. Montgomery (D. Minn.). The jury trial is noticed for January 11, 2011 (memorably 1/1/11) at 8:45 a.m.   The plaintiffs’ employment class action firm of Nichols Kaster goes up against Minnesota Litigator’s former colleagues at Dorsey & Whitney for Qwest. Plaintiffs’ statement of the case i… Continue reading →

St. Paul, Minnesota-based Takonix, Inc., has brought a preemptive “patent non-infringement” suit against Oregon-based Brakeaway Products, Inc. — competitors in the technology of motorcycle “cruise control” in the United States District Court for the District of Minnesota (before U.S. Dist. Ct. Judge Ann D. Montgomery).  (BTW, who’s selling these guys products liability insurance? What kinds of premiums???) Is … Continue reading →

…(The opposing expert, Mark Lanterman, would jump at the opportunity to perform the work for a mere $360-$720,000, apparently.) Defendants Gonzalez and SMS, Service Management Systems, Inc., pled with U.S .District Court Judge Ann D. Montgomery that Magistrate Judge Janie S. Mayeron’s discovery order was “frankly” impossible.  (Style comment:  did insertion of the word, “frankly,” make that claim more persuasive or le… Continue reading →

Long-time readers of Minnesota Litigator may recall reference to a case concerning the common paradox of commercial litigants both arguing that a contract is “unambiguous” with diametrically opposed explanations. This was a case where the declaratory judgment plaintiff won before U.S. District Court Judge Ann D. Montogomery (D. Minn.) but its request for award of attorneys’ fees was postponed.  Now the landlord can tack on $45,… Continue reading →