“A big game hunter mauled by a lion within seconds of shooting the charging animal has no claim against a bullet manufacturer for defective design or failure to warn, a federal judge in Minnesota ruled Nov. 18 (Rohwer v. Federal Cartridge Co., D. Minn., No. 03-CV-2872, 11/18/04).” (“Big Game Hunter Fails to Bag Expert Testimony of Defect, Causation”, BNA Product Safety & Liability Reporter, Dec. 20; KeepAndBearArms.com). See Apr. 25-27, 2003.
Posts Tagged ‘Minnesota’
Lawyer ads: clip, post, help someone sue
Evan Schaeffer, who’s poked fun before at the way plaintiff’s lawyers from elsewhere in the country endeavor to solicit business in his own Madison County, has some thoughts (Aug. 23) prompted by a Minnesota lawyer’s advertisement which includes a LOT OF CAPITAL LETTERING and which lays out a “Chinese menu” of potential complaints which might entitle the prospective client to money damages. Touchingly, the ad in the Alton, Ill. Telegraph addresses the danger that some local residents might be so unfortunate as not to be exposed to its message: “CLIP AND SAVE. Please take this notice and post it in your nursing home, church, community center or anywhere that it may reach people who are suffering and need help.”
Birthday spanking remedies limited
“It had been a long-standing tradition at Loram Maintenance of Way Inc. for employees to be wrestled to the ground and spanked on their birthday. But a 2001 spanking with a two-by-four sent Jeremy Meintsma to the emergency room with cuts, abrasions and muscle spasms.” On Jul. 29 the Minnesota Supreme Court ruled that Meintsma’s legal remedies were confined to the combination of workers’ compensation and personal suits directed against his co-workers; his employer had no intent to injure him even if it was aware of the horseplay. (National Law Journal “Court Decisions”, Aug. 9, not online; opinion in PDF form courtesy Cousineau McGuire Anderson).
In the Kerry skyboxes
Unlike his running mate John Edwards, John Kerry has willingly disclosed the identities of his “bundlers”, the financiers responsible for raising large amounts of money in grouped donations. (He has 266 who’ve come in at the $100,000+ level, compared with more than 525 for George W. Bush.) Names familiar to readers of this site are well represented: “Trial lawyers who represent injured people in suits against business are prominent Kerry fans. Among his $100,000 Vice Chairmen are Florida plaintiff’s lawyer Kirk Wager, who hosted Mr. Kerry’s first presidential fund-raiser at his Coconut Grove home in December 2002, and attorneys Richard Scruggs of Mississippi and John Coale of Washington, both part of the tobacco companies’ $206 billion settlement with 46 states.” However, Mr. Kerry (like Mr. Bush, but unlike Mr. Edwards) also raises large amounts from other types of law firms, including firms known for lobbying and for general business work, including Mintz Levin and Piper Rudnick. (Wayne Slater, “Vested interests in Kerry”, Dallas Morning News, Jul. 25).
“Lawyers, especially trial lawyers, are the engine of the Kerry fundraising operation,” reports the Washington Post. “Lawyers and law firms have given more money to Kerry, $12 million, than any other sector. One out of four of Kerry’s big-dollar fundraisers is a lawyer, and one out of 10 is an attorney for plaintiffs in personal injury, medical malpractice or other lawsuits seeking damages. …
“Among the trial lawyers who raised money for Kerry early in the campaign were Michael V. Ciresi of Robins, Kaplan, Miller & Ciresi LLP, who represented Blue Cross and Blue Shield of Minnesota in its successful $6.5 billion suit against the tobacco industry, and Michael T. Thorsnes, who recently retired from his San Diego law firm after winning $250 million in settlements and verdicts.” After Kerry locked up the race, “One trend was a sharp increase in the number of trial lawyers joining the Kerry fundraising campaign. Among those soon joining as major fundraisers were John P. Coale, one of the nation’s most prominent trial lawyers, whose better-known cases include the Union Carbide disaster in Bhopal, India, and at least 16 plane crashes; Robert L. Lieff, founding partner of Lieff Cabraser Heimann & Bernstein LLP, a San Francisco-based firm that lists four class-action settlements in 2004 alone totaling $176.5 million; and San Francisco lawyer Arnold Laub, whose firm Web site lists its participation in the $3.7 billion fen-phen settlement, a $185 million toxic chemical award and $4.5 million for a pedestrian accident case. … John Morgan, an Orlando lawyer whose firm specializes in medical malpractice, said he has helped raise more than $500,000 for Kerry.” (Thomas B. Edsall, James V. Grimaldi and Alice R. Crites, “Redefining Democratic Fundraising”, Washington Post, Jul. 24)(our politics archive).
Microsoft’s Minnesota settlement
The software company will pay as much as $59 million in attorneys’ fees and a face value of $174.5 million in vouchers for purchasers, although many or most will apparently never get redeemed. A Microsoft spokesman said the company believed it had a solid defense but “settled to avoid the potential of a jury verdict that favored the plaintiffs, and to avoid disruption at the company. ‘How much is a week’s worth of Bill Gates’ time to shareholders? A lot,’ he said,” referring to the expected appearance of the company chief at trial. (Gregg Aamot, “Microsoft to Pay Up to $241 Million in Minnesota Class Action”, AP/Law.com, Jul. 2). More on MS settlements: Mar. 31 and links from there.
The incomparable James Lileks (Jul. 7) describes the settlement much more entertainingly than we have done above (“Microsoft once again promised to hand over its wallet if the kicking stopped, and agreed to remain rolled in a fetal position until the money is counted. …. When it came to distribute the organs of the corpse the lawyers got the liver, spleen, lungs and most of the brain; the consumers got some regulatory glands, some teeth and a selection of minor toes.”). Then he goes on to notice that it contains a remarkable provision:
they need higher participation rates, since it looks bad when you advocate on behalf of an Inflamed Public that turns out to be utterly indifferent to the supposed offense. So the state has come up with a novel means of informing citizens that Microsoft owes them money. It was buried at the end of the story in the local paper last week.
The state will subpoena local computer resellers to learn who bought PCs.
Maybe it?s just me, but: imagine the outcry if the Justice Department decided it wanted a database of computer ownership in America. Who had what. Oh no you don?t would be the general reaction, even if people couldn?t quite explain why they didn’t like the idea. It smacks of typewriter-registration laws in totalitarian states, even though we all know no one will kick down the door and demand to know where you put that 386 you bought in ’92. But this is the mindset of the well-intentioned government lawyer: gee, people might not claim their rebates. How about we use the power of the state to force private businesses to turn over customer lists so we can mail informational material to computer owners? It?s for their own good.
Great moments in economic regulation
With soaring gasoline prices beginning to cause economic hardship, Minnesota’s Commerce Department is cracking down on gas stations for charging prices that are too low. “The state adopted a law in 2001 that bars gas stations from selling gas without taking a minimum profit. These days, stations must charge at least eight cents per gallon more than they paid. The Commerce Department is now issuing its first fines for breaking the law. It fined Arkansas-based Murphy Oil $70,000 for breaking the law at its ten state stations, which are based at Wal-Mart stores,” and also fined one Kwik Trip station. (“Commerce Department Cracks Down on Under Priced Gas”, KARE11.com (Minneapolis-St. Paul), May 29)(via Truck and Barter). Another example, from Maryland: May 21, 2005.
Son sues father for discrimination
Steven Sarenpa’s father and stepmother were critical of Steven’s separation from his wife, and of his new girlfriend. Steven claims they yelled at him and called him a sinner for his adultery. But Steven wasn’t just their son–he was also their employee, so he’s sued his parents for religious and marital status discrimination in Minnesota federal court. The theory seems to be that parents lose the legal ability to express unhappiness with children in certain ways if they’re all part of a family business sufficiently large enough to be subject to federal anti-discrimination law. The parents argue that the fact that Steven’s wife and her uncle also worked at the company created workplace tension (especially when his girlfriend would drive him to work during his wife’s shift), and say that’s why they asked Steven to take some time off. (H.J. Cummins, “Son sues father after leaving job, marriage”, Minneapolis Star Tribune, May 26) (via Romenesko).
Update: “compulsory chapel for lawyers” upheld
The Minnesota Supreme Court has ruled that it is constitutional to require lawyers to attend periodic classes on eliminating bias, rejecting the contention that such courses amount to a form of compulsory indoctrination. (“High court upholds required anti-bias classes for lawyers”, AP/Minneapolis Star-Tribune, Mar. 25; David L. Hudson, Jr., “Required Course on Bias Upheld”, ABA Journal eReportl, Apr. 2). See Nov. 21 and links from there. For a defense of the program, see David Giacalone, Mar. 25.
Bubbles cost Duluth $125,000
Sometime between 5 and 6 in the Saturday morning of July 7, 2001, a prankster put gallons of Joy dish soap into Duluth’s Fountain of Wind, turning it into an eight-foot-high mass of bubbles. 57-year-old Kathy Kelly was attracted by the bubbles and decided to walk into it. And fell and cut her leg. As a diabetic, Kelly suffered from what first-year law students call Vosburg v. Putney syndrome, and incurred $43,000 of medical expenses from the cut, which turned gangrenous. So a St. Louis County jury awarded her $125,000 when it decided that Duluth taxpayers should compensate her for 70% of her injury because the city didn’t clean up the fountain quickly enough (on an early Saturday morning) or do enough to warn people not to walk into an eight-foot high mass of soap bubbles where they couldn’t see where they were walking. “People shouldn’t have to be on their guard when they are taking a step,” explained one juror, who dissented from the final decision because he wanted to hold taxpayers 90% responsible. The jury found Kelly 30% responsible, and apparently didn’t seek to apportion blame to the unknown prankster. But I suppose we can be thankful that no one sued the soap manufacturer. (Mark Stodghill, “Woman gets $125,000 in Duluth ‘bubble trial'”, Duluth News Tribune, Mar. 23; Mark Stodghill, “Woman sues city over soapy fall”, Duluth News Tribune, Mar. 12) (via Obscure Store).
Minnesota man sues over charitable donation
Marcel Mager is unhappy that the church he donated $126,000 to in 1999 doesn’t want to give him his money back. (Delma J. Francis, “Cloquet man wants his $126,000 back”, Minneapolis Star-Tribune, Jan. 14)