Business Litigation Report: August 2012

08/01/2012 / Business Litigation Practice Group



In the August Issue:

The United States District Court for the District of Minnesota Makes Substantive Changes to its Motion Practice Rules

By Glenna L. Gilbert


On July 23, 2012, the United States District Court for the District of Minnesota amended its local rules. Although most of the changes were stylistic in nature only, the Court made substantive changes to Local Rules 7.1, 16.2, 16.3, 16.6, 26.1, and 72.2.  The Court also made substantive changes to Forms 3 and 4, amended its Notice of Hearing form, and created a new Meet-and-Confer Statement form.  This article focuses on the majority of the Court’s substantive changes made to Local Rule 7.1 – the Court’s local rule related to motion practice.  Other changes made to the Court’s local rules and forms can be found at the District of Minnesota’s court website


The New Framework for Receiverships in Minnesota
By Jay Reding

As of August 1st, the legal landscape for receiverships in the State of Minnesota will change dramatically.  Receiverships have long been used a remedy for mortgage lenders to preserve commercial property in foreclosure, but a lack of clear guidance under Minnesota law has been problematic for all parties.  The Minnesota State Bar Association convened a panel of experienced debtor creditor attorneys to create a new statutory framework, which was eventually passed by the Legislature and signed by the Governor this spring.  The new receivership statute, codified under Minnesota Statutes Chapter 576, establishes a framework for receiverships under Minnesota law that is designed to help formalize what had been an often ad-hoc process. 

Minnesota Court of Appeals Rejects Private Right of Action for Termination in Retaliation for Applying for Unemployment Benefits
By John A. Kvinge

In a case decided July 9, 2012, the Minnesota Court of Appeals held that the Minnesota Unemployment Insurance Law does not create a private right of action for retaliatory discharge. To read more, click here.


Business Litigation Department Attorneys:





Richard J. "Jay" Reding


Cynthia M. Klaus




L. Kathleen Harrell-Latham


Susan E. Tegt





Michael C. Jackman

James A. Godwin






Glenna L. Gilbert

This alert is provided as a service to our clients and firm associates. While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice.