U.S. District Court | Minnesota Lawyer

Where plaintiffs are incorporated in the British Virgin Islands and have their principal place of business in Connecticut; and plaintiffs have sued investment fund managers and an outside auditor with citizenship in Minnesota, Delaware and Bermuda; the court concludes that it cannot exercise diversity jurisdiction under 28 U.S.C. 1332(a)(3), which confers jurisdiction where a dispute [...]

Labor – Tribal Business Enterprise

BY: admin
POSTED: March 29, 2010

Where the National Labor Relations Board served a subpoena duces tecum on a casino business wholly owned and managed by a tribal band and located on the band’s reservation; the subpoena seeks information relevant to whether the Board would consider the business an “employer” within the meaning of the National Labor Relations Act; the business [...]

Damages – Remittitur; Copyright Infringement

BY: admin
POSTED: February 8, 2010

Where a jury found that defendant, an individual, had willfully infringed 24 sound records by illegally downloading them from the Internet and awarded statutory damages in the amount of $80,000 for each song, for a total verdict of $1,920,000, the District Court finds that the verdict is so shocking that it must be remitted and [...]

Contracts – Parol Evidence Rule

BY: admin
POSTED: January 18, 2010
Tags: Contracts

Where the parties executed a promissory note which stated that it replaced a prior note and all obligations of defendant to plaintiff; the note required defendant to pay the balance on demand in money, not in stock as the first note had provided; defendant made some payments on the note; and when sued, defendant claimed [...]

Contracts – Commissions

BY: admin
POSTED: December 28, 2009
Tags: Contracts

Where a broker entered into a license agreement under which it secured trademark licenses for Capital’s products in exchange for a monthly retainer and a commission on each sale during “the life of each Licensed Product”; Capital later sold its assets to Pacific; and Pacific ceased paying the broker commissions, claiming that the license agreement [...]

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