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Minnesota Supreme Court Rejects Twombly & Iqbal “Plausibility Standard”.

The Minnesota Supreme Court recently ruled the more stringent federal standard for pleadings does not apply to civil cases in Minnesota state courts.  The stringent Twombly/Iqbal pleading standard requires complaints to have enough facts to state a claim to relief that is plausible on its face.  Put differently, the complaint must contain factual allegations that… Read more »

Fidelity Bond Pays Third-Party Verdict In Fee-Advance Scam.

A Minnesota federal court recently ruled a fidelity bond responsible to pay damages to a third-party where an employee used the principal bank to complete a fraudulent transfer.  In Avon State Bank v. BancInsure, Inc., CIV. 12-2557 RHK/LIB (D. Minn. Jan. 10, 2014) (case pending appeal to the Eight Circuit), Avon State Bank made a… Read more »

Bob Kuderer Wins Summary Judgment Victory in Trespass and Nuisance Case.

Bob represented the owners of a golf course in a surface water and subsurface water intrusion case.  The plaintiff homeowner claimed the golf course adjacent to her property caused surface and subsurface water to flow onto her property, flooding her lawn and basement.  Plaintiff alleged negligence, nuisance and trespass against the golf course. The district… Read more »