280 results for 'court:"USDC Minnesota"'.
J. Tunheim grants the consumer and commercial indirect pork purchasers' and the direct pork purchasers' motions to certify classes in their antitrust action, and denies the port manufacturers' motions to exclude expert testimony of three experts. Each expert report satisfies the standard required for class certification, and all three classes satisfy the requirements of the civil procedure rules governing class actions.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
J. Tunheim denies the subcontractor's motion for a preliminary injunction in its action seeking relief from participating in arbitration in a dispute related to two purported contracts. The subcontractor's contention that its president's signature was forged on one of the contracts is "too flimsy" to establish a likelihood of success on the merits of its claims, and metadata suggesting that, as it claims, a document in the second contract was improperly backdated is better supported but still insufficient to establish a likelihood of success on the merits. The subcontractor has also failed to establish that it risks irreparable harm absent an injunction, and the balance-of-harms and public-interest factors are both neutral.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:24cv585, NOS: Other Contract - Contract, Categories: Fraud, Contract, Injunction
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J. Tunheim partially grants the mobile home park buyer's motion for summary judgment in its suit against the seller. While fact disputes remain as to the terms of the parties' contract, the seller's counterclaims for breach of good faith and fair dealing and breach of contract fail as a matter of law.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:23cv1559, NOS: Other Contract - Contract, Categories: Property, Contract
J. Tunheim partially grants the construction companies' motion to amend a judgment they have obtained in an action surrounding a failed construction project. Damages awarded in the judgment are duplicative, so they are amended to a damage amount of $6,019,563.98, but pre-judgment interest is awarded at a rate of 10% for fraud damages and 1% for breach-of-contract damages, and post-judgment interest is awarded at a rate of 5.01%.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:19cv3174, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Tunheim grants a motion to correct clerical errors in a prior order on an arbitration award, but denies motions to stay enforcement of a judgment, to expedite, and to alter or correct that judgment and adopts a magistrate judge's report and recommendation, while denying attorney's fees to all parties.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: Arbitration, Civil Procedure, Attorney Fees
J. Ericksen grants the employer's motion for summary judgment in the former employee's suit alleging discrimination based on race and national origin. A number of the employee's claims are time-barred, and he has not established a prima facie case of discrimination for his claims involving denied overtime opportunities, a suspension and emergency placement and alleged retaliation. He has similarly failed to plead a hostile-work-environment claim.
Court: USDC Minnesota, Judge: Ericksen, Filed On: April 29, 2024, Case #: 0:21cv1318, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Tostrud partially grants the insurer's motion for summary judgment in the homeowners' association's suit seeking reimbursement for the cost to replace undamaged, non-color-matching siding on buildings damaged by hail. There is no genuine dispute of material fact that the association did not actually and necessarily spend more than the value of its loss, and it filed suit more than two years after providing notice of its claim, precluding pre-award interest. An appraisal panel's award and subsequent clarification on the issue of whether the association is entitled to matching costs for the siding were ambiguous, so that issue remains live.
Court: USDC Minnesota, Judge: Tostrud, Filed On: April 22, 2024, Case #: 0:22cv2027, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Doty partially grants the wire service's motion to dismiss the oil and gas company founder's suit alleging that a story the wire service published incorrectly implied that he had been convicted of criminal activity rather than saying that he had been held civilly liable. It would be premature to determine on the current record whether the founder is a limited-purpose public figure, but he has nevertheless plausibly alleged actual malice. He has adequately pleaded defamation, defamation per se and defamation by implication, but has abandoned an intentional infliction of emotional distress claim.
Court: USDC Minnesota, Judge: Doty, Filed On: April 17, 2024, Case #: 0:23cv2983, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress
J. Menendez grants the fringe benefit plan trustees' motion for default judgment and an injunction against the employer in their case alleging failures to make fringe benefit contributions and reports required under collective bargaining agreements. The facts alleged in the trustees' complaint, accepted as true, provide a basis for a breach of contract action, and given the employer's nonresponse to the complaint, it is liable for delinquent contributions, interest and liquidated damages. It is also ordered to submit contribution reports or payroll books and records.
Court: USDC Minnesota, Judge: Menendez, Filed On: April 16, 2024, Case #: 0:23cv1273, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Labor
J. Docherty denies the pillow magnate and his company's motion to reconsider an order on their earlier motion to compel, partially grants their separate motion to compel, and grants their motion to amend the scheduling order in the voting machine company's suit against them alleging that they made defamatory claims in disputing the results of the 2020 presidential election. The original ruling on the earlier motion to compel was not in error, and the motion for reconsideration is not properly before the court. The motion to compel is timely as to four of its requests for production, but not for two others, and of the four timely-challenged requests, the voting machine company must supplement its disclosures for one.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 15, 2024, Case #: 0:22cv98, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation, Discovery
J. Wright grants the bank's motion to strike the mortgagor's complaint seeking to invalidate two foreclosure sales of a duplex. The mortgagor, proceeding pro se, has not complied with the court's rules and orders, forcing the bank to delay discovery.
Court: USDC Minnesota, Judge: Wright, Filed On: April 15, 2024, Case #: 0:23cv271, NOS: Foreclosure - Real Property, Categories: Banking / Lending, Foreclosure
J. Docherty grants the insurers' motions to compel discovery and a deposition and denies the driver's motion to compel a deposition in the driver's suit arguing that he was improperly denied a policy for a classic car because he does not own a daily-use car. The driver failed to comply with meet-and-confer requirements and has not fully responded to discovery requests, and the insurers' requests seek relevant information, and are proportional to the needs of the case.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 12, 2024, Case #: 0:23cv525, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Discovery
J. Menendez affirms the magistrate judge's protective order, and overrules the auto company's objections. The protective order, which excluded the auto company's in-house counsel and paralegal from seeing certain materials, was not clearly erroneous or contrary to law.
Court: USDC Minnesota, Judge: Menendez, Filed On: April 12, 2024, Case #: 0:22cv1681, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Foster denies the patent claimant's motion to compel and partially grants the patent defendant's motion to compel in a suit alleging infringement of a patent for a miniature cellular modem. The information the claimant seeks is no longer relevant to any of this case's active claims following a finding that its asserted patents are invalid. The defendant seeks documents related to legal advice on the patent, investor presentations and the patent claimant's attorney's billing records. The request for billing records is granted, and the claimant shall also direct its attorney to produce documents to the extent that they may relate to inequitable conduct, prior art or possible prior art, or any decisions to omit or disclose that art to the patent office.
Court: USDC Minnesota, Judge: Foster, Filed On: April 12, 2024, Case #: 0:22cv2345, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Foster grants the pornographer's motions to serve third-party subpoenas seeking information on various unknown internet users in 12 cases alleging that the users unlawfully downloaded and distributed its copyrighted movies. Expedited discovery is warranted because the requests are specific in that they seek only the users' names and addresses, the pornographer has stated an actionable claim, there are no other ways to obtain this information, the case cannot proceed without it, and appropriate guardrails can be, and hereby are, put in place to protect the users' privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: April 11, 2024, Case #: 0:24cv1060, NOS: Copyrights - Property Rights, Categories: Copyright, Privacy, Discovery
J. Frank denies the guarantor's motion to dismiss the lender's suit against him for forum non conveniens or a stay pending resolution of another action in California. The parties' agreement includes a valid forum-selection clause, and it is unclear whether the financing involved in the California case are related to the loan at issue here. Public-interest factors have not been shown to sufficiently support dismissal, and it is unlikely that the California action will dispose of any of this case's issues.
Court: USDC Minnesota, Judge: Frank, Filed On: April 9, 2024, Case #: 0:23cv2244, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Blackwell dismisses the doctor and former gubernatorial candidate's suit alleging that the Minnesota Board of Medical Practice sought to chill his speech by investigating complaints against him for his comments on the Covid-19 pandemic and the incumbent governor's response to it. The candidate has not established an injury in fact, since he has not alleged any instances in which the board's investigations prevented him from speaking on those topics. His challenges to Minnesota statutes granting the board regulatory authority also fail since he has not identified how he was impacted by the statute in ways different from third parties. He also has not adequately pleaded that he suffered differential treatment during the investigation process.
Court: USDC Minnesota, Judge: Blackwell, Filed On: March 29, 2024, Case #: 0:23cv1689, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Civil Rights, Constitution
J. Davis partially grants the auditor's motion to dismiss its client's counterclaims in a case arising from the parties' relationship in the years leading up to the client's entry into rehabilitation. Minnesota law governs the motion to dismiss, and the client's claims related to a collection of 2016 investments are time-barred. Other claims, stemming from a 2016 reinsurance transaction and the appointment of an actuary in the same year, are not time-barred. Claims for breach of fiduciary duty are dismissed for failure to state a claim, as are claims alleging fraudulent concealment.
Court: USDC Minnesota, Judge: Davis, Filed On: March 29, 2024, Case #: 0:22cv3132, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Choice Of Law, Contract
J. Schiltz grants the data aggregators' motion to dismiss the consumer's suit alleging that a now-defunct company they sold her data to damaged her reputation by claiming on its website that she had a poor "reputation score." The consumer has alleged an injury-in-fact, traceable to the aggregators, that could be redressed with a favorable judgment. She has not, however, sufficiently pleaded that the defunct company was acting as an agent of the aggregator. Her federal claims fail on that basis, and the court declines to exercise supplemental jurisdiction over her state-law claims.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 29, 2024, Case #: 0:23cv1769, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Tunheim grants motions for summary judgment brought by the EPA, state regulators and major iron and steel industry players in the Native American bands' suit alleging that the agency failed to consider impacts on wild rice and fish protected by treaty rights when it approved Minnesota's 2021 water quality standards. The agency's decision was based on science and data in which it and one of the state regulators are experts, and therefore its decision was not arbitrary or capricious. Minnesota's alleged struggles to implement and enforce those standards are also not a factor that the agency must consider in deciding whether to approve them.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 29, 2024, Case #: 0:22cv1783, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment, Native Americans
J. Schiltz dismisses the insured's suit seeking indemnification for losses caused by a fraudulent wire transfer. The insured's loss stemmed from "social-engineering fraud," and it has failed to allege that it followed an "established and documented verification procedure" before obeying the fraudster's instructions. It therefore fell under an exclusion under the insured's policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 28, 2024, Case #: 0:23cv510, NOS: Insurance - Contract, Categories: Insurance, Contract