Where an appellant challenged the dismissal of his diversity action claiming fraud and false advertising against a university defendant, the judgment is affirmed because the district court properly found that the complaint did not plead fraud or false advertising with ...

Tagged with: civil practice Failure To Plead fraud

Where a plaintiff in a civil-rights action challenged the entry of partial summary judgment against him, the district court did not err in finding that some of the claims were time barred. Judgment is affirmed. Shaw v. Ponto (MLW No. ...

Tagged with: civil practice Civil-Rights Claims Statute Of Limitations

Plaintiff appealed the district court’s grant of summary judgment on his federal claims and the remand to state court of his remaining state law claims. Where the district court did not abuse its discretion in granting summary judgment on plaintiff’s ...

Tagged with: civil practice Remand of State Claims Removed Action Summary Judgment on Federal Claim

Where appellant challenged the dismissal of his complaint in a foreclosure-related action, the district court did not err in finding that the appellant failed to state a claim upon which relief could be granted. Judgment is affirmed. Teague v. Regent ...

Tagged with: civil practice Failure To State Claim foreclosure

Where appellant challenged the grant of summary judgment for the U.S. in its civil suit against him under the False Claims Act and the dismissal of his counterclaims, the appellant’s unappealed criminal conviction regarding the same underlying transaction estopped him ...

Tagged with: civil practice Criminal Charge False Claims Act Same Transaction

Where the state challenged a judgment against it in a declaratory-judgment action that required the state to pay the $2.5 million in damages that was awarded to respondent as the result of a civil suit against two St. Louis police ...

Tagged with: civil practice State Legal Expense Fund Statutory Amendments

Where taxpayers challenged the dismissal of their civil suit challenging their liability for federal taxes and penalties, the district court did not err in dismissing the complaint for lack of subject-matter jurisdiction. Judgment is affirmed. Francis v. U.S. (MLW No. ...

Tagged with: civil practice Federal Tax Liability Subject Matter Jurisdiction

Where appellants in a dispute arising from the ownership of real property challenged a default judgment entered against them, arguing that they were entitled to notice of the respondents’ motion for default judgment, the appellants were not entitled to such ...

Tagged with: civil practice Default Judgment Notice Quitclaim Deed

Where a plaintiff who uses a wheelchair brought claims under the Americans with Disabilities Act and Minnesota Human Rights Act against the owner of a restaurant, claiming that the parking lot did not have the required number of accessible parking ...

Tagged with: Accessible Parking ADA Claim civil practice Standing

Where a named plaintiff in a class action alleging the underpayment of gas royalties sought a new trial, arguing that the district court should have excluded the relevant royalty statements, the statements were relevant because they helped jurors to determine ...

Tagged with: Certification civil practice class action

Where in a putative class action challenging oil and gas royalty payments for oil wells, 248 royalty owners moved to intervene to challenge the opt-out provisions, and the district court denied the motions, the judgment is affirmed because the owners ...

Tagged with: civil practice class action Denial Of Intervention Opt-Out Provisions