{1} Allen and Desiri Pielhau (collectively Appellants), individually and as personal representatives of the estate of Jared Pielhau, their deceased son, appeal the district court’s grant of summary judgment in favor of Appellee, RLI Insurance Company (RLI). Appellants contend that the umbrella policy they purchased from RLI violated New Mexico law and public policy because it excluded unins... More...   $0 (06-16-2008 - MN)

Swift & Co. (“Swift”), appeals an adverse grant of summary judgment on its breach of contract claim against Elias Farms, Inc., Stan Turbes, and William H. Johnson (collectively, “hog producers”). The hog producers cross-appeal adverse summary judgment rulings on their counterclaims for breach of contract and violations of the Minnesota Consumer Fraud Act (MCFA). We affirm the grant of summ... More...   $0 (08-28-2008 - MN)

This case arose from a contract dispute involving a 1996 transaction between Gander Mountain Co.1 and Cabela’s, Inc. Gander Mountain filed suit against Cabela’s seeking a declaration that a particular provision of the agreement, the Contingent Trademark License provision (“CTL”), was unenforceable. Cabela’s counterclaimed, seeking a declaration that the provision was enforceable and requ... More...   $0 (08-28-2008 - MN)

St. Paul Fire & Marine Insurance Company brought this declaratory judgment action for a ruling that it had no duty to defend its insured, Compaq Computer Corporation (Compaq), in a case brought against it in Texas by Hal LaPray (LaPray litigation). Compaq counterclaimed for a declaratory judgment that St. Paul had such a duty and for breach of contract damages and then moved for statutory damages ... More...   $0 (08-15-2008 - MN)

David Riehm was a high school student who wrote an essay detailing a fantasy murder-suicide inspired by the school shooting that took place at Columbine High School in Littleton, Colorado. He left the essay with his teacher, who read it and reported it to law enforcement. He was taken from his home in Cook County, Minnesota, by court order, underwent a psychiatric evaluation and was released after... More...   $0 (08-25-2008 - MN)

Kathy Van Vickle appeals the judgment of the district court1 upholding the final decision of the Commissioner of Social Security to deny her application for disability insurance benefits. We affirm.

I.

On October 23, 2003, Van Vickle filed an application for disability insurance benefits under Title II of the Social Security Act. Van Vickle claimed that she could not work because she... More...   $0 (08-21-2008 - MN)

In this diversity case, Dr. Martin Hinz and Neuroresearch Clinics, Inc. (collectively “Hinz”) sued Neuroscience, Inc. and Gottfried Kellermann (collectively “Kellermann”) for breach of contract. A jury returned a verdict for Hinz, awarding $1,989,373 in damages. The district court2 reversed the damage award on Kellermann’s motion for judgment as a matter of law. The court denied Hinz’s... More...   $1989373 (08-25-2008 - MN)

Jeffrey Loeb, a former Best Buy employee, brought this employment discrimination suit against Best Buy, asserting that Best Buy terminated his employment because of his age. Best Buy filed a motion for summary judgment, which the district court1 granted. Loeb appeals, arguing that he presented sufficient evidence to support his age discrimination claim. We affirm.

I. Background

Best ... More...   $0 (08-08-2008 - MN)

Illinois Farmers Insurance Company and Mid-Century Insurance Company (collectively “Illinois Farmers”) appeal from the district court’s1 orders: (1) dismissing their counterclaim for breach of contract and three requests for declaratory relief; and (2) consolidating Alpine Glass, Inc.’s (“Alpine Glass”) short-pay claims in a single arbitration under Minnesota’s No-Fault Automobile In... More...   $0 (07-15-2008 - MN)

The Duluth, Winnipeg & Pacific Railway Company (railway) brought this action seeking a declaratory judgment that the Federal Railway Safety Act preempts a state law limiting the speed of trains passing through Orr, Minnesota. Both sides moved for summary judgment, and the district court concluded that the special law fell within the savings clause of the federal preemption statute. The railway... More...   $0 (06-20-2008 - MN)

Domino's is a national pizza franchise. The plaintiffs are owners of various Domino's franchises located in Minnesota, Maine, Missouri, and Ohio. When they became Domino's fra... More...   $0 (06-20-2008 - MN)

This is an insurance coverage dispute. W.L.M. sued Machaga Johns (Johns) and Our Gang Hair Designs, Inc. (Salon) in Minnesota state court alleging Johns, a massage therapist at the Salon, sexually assaulted W.L.M. while W.L.M. was receiving a therapeutic massage performed by Johns. Johns is insured under a general liability policy issued by Evanston Insurance Company (Evanston). Evanston broug... More...   $0 (06-24-2008 - MN)

Jolonda Roberts was terminated from her position as a certified medical assistant at Park Nicollet Health Services. She filed suit against Park Nicollet and affiliated entities (collectively, "Park Nicollet"), alleging that the termination was motivated by her pregnancy, in violation of Title VII and the Minnesota Human Rights Act (MHRA). The district court granted summary judgment for Park Ni... More...   $0 (06-24-2008 - MN)

Daniel Hemmah was employed by the City of Red Wing from September 22, 1977 until his termination April 27, 2006. The City terminated Hemmah's employment for reasons of alleged misconduct, alleging, inter alia, that he had been dishonest, fraudulent, disloyal and insubordinate in his dealings with his supervisors at the City, and with state and federal officials. At the time of his termination ... More...   $250000 (06-20-2008 - MN)

Florence Hervey brought a claim pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., and the Minnesota Human Rights Act, Minn. Stat. § 13.01 et seq., alleging that her employer, Koochiching County, and supervisors Duane Nelson and John Mastin, discriminated against her on the basis of her sex, and retaliated against her for participation in a protected activity. She also b... More...   $0 (06-09-2008 - MN)

BNSF claimed that Br... More...   $24000000 (06-14-2008 - MN)

Plaintiffs claimed that Defendants breach their contracts with them by not completing the condominiums purchased by them when promised, that defendants made false representations regarding construction, that they failed to notify the plaintiffs that a stop work order was issued by the city of Duluth, and that they had no plan to complete the work in the foreseeable future. Plaintiffs claimed that ... More...   $800000 (05-09-2008 - MN)

Monica Buboltz, who is legally blind, sued her former employer, Residential Advantages, Inc. (RAI), under state law, 42 U.S.C. § 12101 et seq. (the Americans with Disabilities Act or ADA), and 29 U.S.C. § 794 (section 504 of the Rehabilitation Act of 1973). RAI moved to dismiss Buboltz' complaint. The district court1 granted the motion as to Buboltz' state law claims. RAI then moved for summar... More...   $0 (04-25-2008 - MN)

Kenneth Frazier, age 48, sued Southern Minnesota Construction on respondeat superior negligence theory claiming that Southern's employee negligently drove a semi-tractor trailer rig onto a Union Pacific railroad crossing in front of the locomotive engineered by him. The driver of the semi was killed and Frazier was seriously injured in the resulting collision west of Mankato in Blue Earth County i... More...   $1142000 (04-19-2008 - MN)

The family and estate of Ken Christiansen sued Wesley W. Omer, Kevin J. McGuigan and Brian G. Warden on negligence theories claiming that the defendants failed to exercise due care when they gave the 19-year-old alcohol at a rugby team party. Christiansen was later found dead in Chester Creek three days after the party on April 13, 2001. It was theorized that Christiansen tried to cross the swol... More...   $150000 (04-18-2008 - MN)

This products liability litigation is before us for a second time. The present appeal concerns the district court's certification of a class of plaintiffs, pursuant to Federal Rule of Civil Procedure 23(b)(3), to litigate claims against St. Jude Medical, Inc. ("St. Jude"), arising from alleged violations of two Minnesota consumer protection statutes. We conclude that the class was not properly... More...   $0 (04-09-2008 - MN)

Donald Michael Kelly and the Red Lake Nation Tribal Court ("Tribal Court") appeal the district court's1 grant of summary judgment to Chad Dennis Nord and his father Dennis Nord, doing business as Nord Trucking (collectively, "the Nords") in this declaratory judgment action. The district court determined that the Tribal Court lacked jurisdiction over a suit against a non-Indian, nonmember of th... More...   $0 (04-09-2008 - MN)

In this diversity action, Integrity Floorcovering, Inc. (Integrity) and Chicago Avenue Partners, Ltd. (CAP) (collectively, plaintiffs), filed separate suits against Broan-Nutone, LLC (Broan), the manufacturer of a bathroom ventilation fan which allegedly malfunctioned and separately damaged an apartment building owned by CAP and a commercial warehouse building owned by Integrity.1 Broan moved ... More...   $0 (04-09-2008 - MN)

Delsita Yvette Day, an African American, appeals the district court's2 adverse grant of summary judgment in her Title VII action. To the extent Day's brief properly raises issues for our review, see Slack v. St. Louis County Gov't, 919 F.2d 98, 99-100 (8th Cir. 1990) (per curiam), we find no basis for overturning the district court's well reasoned decision, see Fair v. Norris, 480 F.3d 865, 86... More...   $0 (04-09-2008 - MN)

Ohio Savings Bank ("OSB") purchased eleven first-mortgage loans from the Reston, Virginia, branch of Advantage Investors Mortgage ("AIM"), an originator of home-loan refinancings. The transactions were structured as "table funded" settlements. See 24 C.F.R. § 3500.2(b). OSB wired funds to an escrow account of AIM's closing agent, First National Title ("FNT"). The borrowers signed notes and mo... More...   $0 (04-09-2008 - MN)

Appellant Cornelia I. Crowell GST Trust ("Crowell Trust") appeals the district court's2 dismissal of its class action against Possis Medical, Inc., Robert G. Dutcher, and Eapen Chacko (collectively "Possis Medical") for alleged securities fraud. Crowell Trust argues that the district court erred in determining that its pleading failed to meet the heightened pleading standards of the Private Se... More...   $0 (03-28-2008 - MN)

On May 31, 2006, the Governor of Minnesota signed the Minnesota Restricted Video Games Act ("the Act") into l... More...   $0 (03-17-2008 - MN)

Dennis Newinski sued John Crane, Inc. on a products liability theory claiming that the John Crane failed to warn him that asbestos containing gaskets and packing materials that he used while working for Northern States Power Company was unreasonably dangerous and that he should have been using protective equipment to protect his himself from inhaling asbestos while handling the products and, as a ... More...   $4600000 (03-21-2008 - MN)

Investors Vernon Schaaf, Julian Boik, and Alfred Streufert appeal the district court's1 dismissal of their claims against Residential Funding Corporation (RFC) and Heller Financial, Inc. The district court concluded that the investors failed to plead a sufficient causal nexus between their financial losses and the allegedly fraudulent actions of RFC and Heller. Alternatively, the district cour... More...   $0 (02-22-2008 - MN)

Neil Hastings and Jennifer Karpiuk were employees of Northwest Airlines, Inc. ("NWA"). They brought a class action lawsuit against alleged fiduciaries of two separate NWA pension plans claiming the defendants breached their fiduciary duties under §§ 409 and 502(a)(2) of the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1109, 1132(a)(2). The district court1 dismissed... More...   $0 (02-22-2008 - MN)

This appeal arises from a dispute over insurance coverage between an insured, Stan Koch & Sons Trucking, Inc. ("Koch"), and its insurer, Great West Risk Management, Inc. ("Great West"). Koch filed this action seeking a declaratory judgment that Great West: (1) accepted coverage for a fatal motor vehicle accident not covered by Koch's Trucker's Liability Insurance Policy (the "Policy") and (2) ... More...   $0 (02-28-2008 - MN)

Corn Plus Cooperative ("Corn Plus") brought this declaratory judgment claim against Continental Casualty Company ("Continental") and Lumbermens Mutual Casualty Company ("Lumbermens") to enforce a settlement it had reached with its mechanical contractor who was insured by appellees. The district court1 determined that the insurance policies did not cover all of appellant's claims and thereafter... More...   $0 (02-07-2008 - MN)

Carol Skare sued her former employer, Extendicare Health Services, Inc. (Extendicare), under the Minnesota whistleblower statute, alleging retaliation for her reporting violations of various laws, regulations, and company policies. The district court1 granted Extendicare's motion for summary judgment, and Skare appeals. Extendicare filed a cross appeal to challenge the determination that a gen... More...   $0 (02-08-2008 - MN)

The United States Army Corps of Engineers ("Corps") manages the Missouri River Mainstem Reservoir System (the "System") under the Flood Control Act of 1944, Pub. L. No. 78-534, 58 Stat. 887, 891 (1944). The System consists primarily of a series of dams and reservoirs on the upper River. The Corps' governing operational document is the Missouri River Mainstem Reservoir Master Water Control Man... More...   $0 (02-08-2008 - MN)

Taxi Connection and Robin K. Gamradt appeal from the district court's1 dismissal of their claims against Dakota, Minnesota & Eastern Railroad Corporation (DM&E) alleging: (1) reprisal, business, and gender discrimination in violation of the Minnesota Human Rights Act (MHRA), and (2) breach of contract and promissory estoppel. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.... More...   $0 (01-29-2008 - MN)

Advantage Media (Advantage) submitted permit applications for the construction of four large billboards to the city of Hopkins, Minnesota ("the city"). The city declined to process the applications, and Advantage brought an action pursuant to 42 U.S.C. § 1983 claiming that the city's sign code was unconstitutional under the First and Fourteenth Amendments and that the city violated its co... More...   $0 (01-08-2008 - MN)

David Sherbrooke filed this action pursuant to 42 U.S.C. § 1983, claiming that the City of Pelican Rapids, Minnesota, and several of its police officers violated his constitutional rights. Specifically, Sherbrooke alleged that the officers violated his rights under the Fourth Amendment by stopping his car without probable cause and by recording one side of a conversation between Sherbrooke ... More...   $0 (01-18-2008 - MN)

M.M. is a child with educational disabilities who attends Minneapolis public schools in Minnesota's Special School District No. 1 (the District). The Individuals with Disabilities Education Act (IDEA) provides that M.M. is entitled to a free appropriate public education (FAPE) that includes special education and related services tailored to her unique needs. See 20 U.S.C. §§ 1400(d)(1)(A)... More...   $0 (01-08-2008 - MN)

Benjamin Mier sued the City of Chatfield and Jeffrey McCormick on a civil rights violation theory, 42 U.S.C. 1983, claiming that a Chatfield police officer jeffrey McCormick used excessive force in handling him after he was arrested. Plaintiff claimed that then Chatfield Police Chief Jeffrey McCormick while Meir was handcuffed. Meir fell face-first to ground and broke a tooth, as well as susta... More...   $50000 (12-19-2007 - MN)

Deborah Coen (Coen), a resident of Minnesota, brought an action against defendants who reside in England and France, claiming the defendants defrauded her father, Edward Coen (Edward), in connection with certain shares Edward owned in 1The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Susan... More...   $0 (12-18-2007 - MN)