Update (July 7, 2011): A big win for plaintiffs’ class actions before the Eighth Circuit this week.  Judge Diana E. Murphy wrote the opinion, in which Judge Roger L. Wollman concurred, affirming U.S. District Court Judge Ann Montgomery’s class certification in its entirety. Judge Raymond W. Gruender dissented, arguing that the “dry plaintiffs’ class,”  that is, the class of plaintiffs whose pipes had not yet failed,… Continue reading →

[UPDATE:  The day after the Eighth Circuit rejected the parties’ joint request to stay issuance of its opinion in light of the parties’ settlement, the Court released its decision affirming U.S. District Court Judge Richard H. Kyle, Sr.’s dismissal in favor of Medtronic. U.S. Court of Appeals Judge Michael Joseph Melloy’s concurrence-in-part and dissent-in-part seems to express serious reservations about the “rigid” application of Twombly pleadi… Continue reading →

… failure to meet the jurisdictional amount.  On this point, he concluded,  ”As [the declaratory judgment defendant] is well aware, there is much more than $75,000 at stake in the underlying litigation.” On appeal to the Eighth Circuit, the appellant lamented that Judge Magnuson’s ruling was “conclusory,” and “a complete mystery because [the order] contains no supporting facts or analysis.” If the appellant wanted “supporting fac… Continue reading →

Update (August 17, 2011):  Minnesota Litigator gets one right.  The Eighth Circuit reversed, as predicted below. Original Post (April 22, 2011):  K-V Pharmaceutical, a Missouri company, had a multi-year business relationship with J. Uriach & CIA., S.A., a Spanish business.  It did not end very well and K-V sued J. Uriach in Missouri, relying on their multi-year business relationship and a contract that called for application of Missouri law,… Continue reading →

… its request for award of attorneys’ fees was postponed.  Now the landlord can tack on $45,000+ onto its tenant’s rent, owed due to AMC Showplace Theatre’s litigation loss.  The U.S. Court of Appeals for the Eighth Circuit has affirmed Judge Montgomery’s ruling in favor of Block E landlord, Camelot.  (StarTribune coverage is here.) … Continue reading →

Update #2 (April 15, 2011):  Before an appeal to the Eighth Circuit, defendants take another run at reversing the bad outcome of trial before U.S. District Court Judge John R. Tunheim (D. Minn.) Update (March 9, 2011, in the p.m.):  Here comes the next bellwether case (starting May 31, 2011, 9 a.m., Minneapolis – Defendants pick the next plaintiff). Original post (March 9, 2011,  in the a.m.):  U.S. District Court Judge John R. Tunheim (D…. Continue reading →