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What You Need to Know About the Minnesota Supreme Court Decision on Negligent Selection of Independent Contractors

The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of “negligent selection of an independent contractor.” This development holds significant implications for businesses that engage...more

First Minnesota Court Decisions on Overdraft Fees Are Wins for Banks

In December 2021, the Consumer Financial Protection Bureau (CFPB) released research critiquing banks for charging overdraft and related fees to consumers, and the CFPB director, Rohit Chopra, stated the agency would renew its...more

CFPB Renews Focus on Bank Overdraft Fees, Likely Increasing Litigation Risk

The hottest topic in banking this month is overdraft fees. On December 1, 2021, Capital One bank announced it would be eliminating all overdraft fees for consumer accounts, ending a practice that once netted the bank over...more

Eighth Circuit First to Apply “Manifested Defect” Rule to Class Action Fairness Act

This month, the Eighth Circuit Court of Appeals issued what appears to be the first appellate opinion applying the “manifested defect” rule to the Class Action Fairness Act’s (“CAFA”) $5 million amount-in-controversy...more

Eighth Circuit Reinforces Trend Denying Insurance Coverage for COVID-related Loss

In the wake of COVID-19 and governmental closure orders, many businesses were forced to temporarily suspend their operations. Consequently, many consumer-facing businesses lost out on a significant source of income. As...more

Minnesota Supreme Court Approves Litigation Funding

On Wednesday, June 3, 2020, the Minnesota Supreme Court approved of the practice of litigation funding in the state, abolishing common law restrictions prohibiting third parties from covering all or part of the costs of...more

What Happens Next? Litigation Risk Post-Coronavirus

Every so often there is a new killer virus on the horizon. In the past decade, it was MERS. In the 2000s, it was SARS, the bird flu, and H1N1. In the 1990s, it was Ebola. In the 1970s, it was swine flu. In 1918, it was the...more

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