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BY: admin
POSTED: October 5, 2009
Tags: Insurance
Where townhome owners experienced water infiltration, frost heaving, stucco cracking, structural defects and erosion; the builder’s expert attributes the water intrusion to overall poor construction but cannot pinpoint a discrete and identifiable event that caused the damage to occur or when any water first got behind the building cladding; and the builder had four general [...] |
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BY: admin
POSTED: August 31, 2009
Tags: ERISA
Where participants in an employer’s retirement savings plans seek class certification and approval of a proposed $17 million settlement, the District Court certifies the class and approves the settlement on the grounds that it adequately balances the strength of plaintiffs’ case with the terms of the settlement; the defendants are able to pay; the complexity [...] |
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BY: admin
POSTED: August 24, 2009
Where the lead plaintiff seeks final approval of a proposed settlement in a consolidated securities class action, as well as an order granting its attorneys’ fees; during the pendency of the litigation and without advising the court, lead plaintiff and lead counsel entered into a negotiated fee agreement; and counsel asks the court to approve [...] |
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BY: Minnesota Lawyer
POSTED: August 3, 2009
Where a defendant facing a possession with intent to distribute charge is an illegal immigrant on whom Immigration and Customs Enforcement has placed a detainer, the fact that the defendant is likely to be deported is not determinative in whether the defendant will be released pending plea or trial. All of the defendant’s ties were [...] |
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BY: Minnesota Lawyer
POSTED: July 27, 2009
Where the patent holder alleges that defendant is infringing four patents directed to respirator masks having exhalation valves; and with respect to one of the patents, a curved seal surface was included in a dependent claim; the court grants summary judgment to the patent holder that the claims of this patent are not invalid for [...] |
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BY: Minnesota Lawyer
POSTED: July 20, 2009
Tags: Corporations
Where the proposed settlement reflects the judgment of the Special Litigation Committee (SLC) that the settlement is in the best interest of the company and its shareholders; the defendants can meet their settlement obligations; without settlement, continued litigation would be complex, expensive and long-lasting; and the overwhelming majority of investors have offered no objection to [...] |
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BY: Minnesota Lawyer
POSTED: July 13, 2009
Where investors filed a securities fraud suit against a medical device manufacturer alleging that the manufacturer forced improper bulk sales of a device (“channel stuffing”), leading to overstated revenue expectations and suppressed demand in the next quarter; and after surviving a motion to dismiss and completing discovery, the investors abandoned their theory of channel stuffing [...] |
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BY: Minnesota Lawyer
POSTED: June 1, 2009
Where plaintiff is a religious community which practices communal living and of which father, who has been involved in state court divorce and child support proceedings, is a member; in 2008 a Minnesota District Court entered judgment against the religious community and in favor of mother for support and maintenance arrearages; and two weeks later, [...] |
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BY: Minnesota Lawyer
POSTED: April 13, 2009
Tags: Indian Law
Where the White Earth Band of Chippewa Indians purchased certain parcels of land upon which it operates a casino; the Band requested that the Bureau of Indian Affairs (BIA) take the casino property into trust as a mandatory acquisition under the White Earth Lands Settlement Act (WELSA); a senior financial analyst at the Office of [...] |
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BY: Minnesota Lawyer
POSTED: April 6, 2009
Tags: ERISA
Where a union that once represented workers at a plant in Minnesota challenges certain benefit determinations by the Pension Benefit Guaranty Corp. (PBGC), which assumed administration of the plant’s pension plan after the plant went into bankruptcy, the District Court concludes, pursuant to 29 U.S.C. sec. 1303(f)(2), that venue must be transferred to the U.S. [...] |
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