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Tuesday, May 20, 2008

Davis lets cases go forward; Tunheim says DOJ must join settlement conference

There’s been a flurry of rulings sent to Minnesota Lawyer from the U.S. District Court recently.

In Sierra Club North Star Chapter v. Peters, et al., Judge Michael Davis allowed to stand a lawsuit concerning the bridge near Oak Park Heights that would cross the Lower St. Croix River. The Sierra Club has said that the project violates an alphabet soup of environmental protection laws and the lawsuit will go forward at this time.

Davis also ruled in favor of 3M Company in a lawsuit against Moldex-Metric over four patents directed to valved respirator masks, construing the claims as requested by 3M or assigning them their plain meaning.

The judge also denied a defense motion for summary judgment in a hostile work environment and constructive discharge lawsuit brought by a former Cook County jail administrator.

Furthermore, Judge John Tunheim recently told the U.S. Attorney’s Office that it had to provide an assistant attorney general from the Department of Justice to participate in a settlement conference concerning the wrongful death of Randy Scott. Scott died in a motor vehicle collision with former Rep. William Janklow in 2003. Previous attempts to settle the case have been unavailing due in part to the cap on the U.S. attorney’s settlement authority, Tunheim wrote. A magistrate judge ordered the participation of an assistant attorney general, and the government appealed, saying the order interfered with the justice department’s authority. Tunheim affirmed the magistrate judge.

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