Curtis v. Altria Group: A Major Case Pending Before the Minnesota Supreme Court

If you have any interest in consumer fraud litigation in Minnesota you need to know about this case.  An appeal of a Minnesota Court of Appeals decision favorable to the plaintiffs’ class is pending before the Minnesota Supreme Court. If allowed to stand, it is the end of the world as we know it, according to the U.S. Chamber of Commerce brief. If reversed, the Minnesota Supreme Court will impair a critical tool, devised by the Minnesota l… Continue reading

A Small Proposed Decongestant for Minnesota Court Dockets: Minn. Gen. R. Pract. Rule 115.10

As the Minnesota court system continues to struggle to handle its caseload on a seemingly ever-shrinking (or at best stagnant) budget, those in the system and running the system are relentlessly looking for cost savings. Recognizing that the problems are complex, recognizing that the Minnesota court system, like other public and private institutions throughout our state and country, are simply dealing with a dramatic economic downturn that, in t… Continue reading

Minnesota Chamber of Commerce Takes On Minnesota Campaign Finance Law

The ramifications of the U.S. Supreme Court’s Citizens United v. Federal Election Commission have been discussed a great deal over the past several weeks (for example, here), having been finally decided on 1/21/10. And it has not taken long for the case to make its initial splash into Minnesota election law.  Today, the Minnesota Chamber of Commerce (located in Ramsey County) filed suit against Ramsey County Attorney (and aspiring Democrat… Continue reading

Alamo® (propiconazole) to “Prevent” Fatal Oak Wilt Infection? Really??

Were you sold a flare root injection regimen for a treasured oak or multiple oaks on your property to prevent oak wilt disease, only to have your tree die from oak wilt notwithstanding the hundreds of dollars (or more) spent on flare root injection? One label on branded propiconazole says,  “Preventive application is more effective than therapeutic treatment.”  Some companies that “administer” the flare root injections d… Continue reading

What Is the Trigger For Punitive Damages in Pharmaceutical/Medical Device Cases?

…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

Minnesota Made Hockey v. Minnesota Hockey Inc., District 6

Hockey is to Minnesota like oil is to Texas, a valuable natural resource for the state.  Mining for hockey players, as opposed to oil, is a somewhat different process although, as every aspiring competitor knows, drilling is very much part of both processes. Money is too. This may be at the root of the intense competition for intense competitors that has made its way to U.S. District Court for the District of Minnesota in the form of an antitrus… Continue reading

Minnesota Supreme Court Rules That Contribution Claim Does Not Come Back From The Dead

The best horror films share a common feature: The killer can always come back from the dead. The Minnesota Supreme Court recently decided that the same is not true of contribution and indemnity claims arising out of construction defects. In In re Individual 35W Bridge Litigation (covered extensively by MN Litigator here), the Minnesota Supreme Court held that the 2007 amendments to Minn. Stat. 541.051 did not retroactively revive an already exti… Continue reading

Minnesota Supreme Court Hears Anti-SLAPP Appeal Addressing State Anti-SLAPP Statute for First Time

An interesting little puzzle: if a public entity and a “gad-fly” advocacy group enter into a settlement agreement whereby the gad-fly will not address any further challenges to the public entity’s conduct that he originally challenged through litigation, will a later complaint by the public entity for the breach of that settlement agreement against the gad-fly be precluded by the Minnesota anti-SLAPP statute?  Sometimes bu… Continue reading

Minnesota Law Blogs: The List Continues to Grow…

Update (May 25, 2011):  Note also Gray Plant Mooty’s “entreview” blog, a blog about entrepreneurship started in March. In late 2010, Greg Luce and the Minnesota State Bar Association put out their list of “top 25 Minnesota law blogs” (which they call “blawgs” and, among which, they included Minnesota Litigator, naturally (“a gem of a blog”)).   The list of Minnesota legal blogs, in the mean t… Continue reading

Just in time to miss Minnesota's winter, it's off to Panama!

The Minnesota Supreme Court today reversed the Minnesota Court of Appeals’ reversal of the Anoka County District Court’s grant of a motion to dismiss based on forum non conveniens (first reported here in February). For the Court, Justice Meyer wrote that a district court may dismiss on forum non conveniens grounds even though the adequacy of the foreign forum is not absolutely certain, if the nonmoving party is protected by an o… Continue reading

A Win for Mortgage Lenders at the Minnesota Supreme Court, as Predicted

Last October, this blog predicted a win for MERS (Mortgage Electronic Registration System) and yesterday, the Minnesota Supreme Court continued this blog’s “undefeated” record in the risky world of making predictions on the outcomes of pending cases. In short, in a 6-1 decision (Page, J., dissenting), the Minnesota Supreme Court held that “transfers of the underlying indebtedness do not have to be recorded to foreclosur… Continue reading