Pending Appeals - Highlights

Application of Statute of Limitation on Out-of-State Tort Claims. Plaintiff, despite having no connection to Minnesota, filed suit in Minnesota to avoid Pennsylvania's shorter statute of limitations on personal injury actions. On a question certified from the U.S. District Court for the Eastern District Arkansas in multi-district litigation, the Minnesota Supreme Court will consider whether Minnesota's statute of limitations applies to a personal injury action that occurred entirely in Pennsylvania. (In re: Prempro Products Liability Litigation, Fleeger v. Wyeth)  

Federal Preemption of State Common Law Claims Against Union. Plaintiff, a non-union subcontractor, sued union claiming that the union tortiously induced a contractor to rescind a contract it executed with the plaintiff, engaged in unfair competition, and violated state and federal prevailing wage statutes. District court held that federal law preempted state common law claims were preempted by federal labor law. The Minnesota Court of Appeals reversed -- union's violation of federal law placed its actions outside the protection of the National Labor Relations Act, and therefore, outside the realm of preemption. (Midwest Pipe Insulation, Inc. v. MD Mechanical, Inc.)  

Time to Appeal from Partial Judgment and Attorneys’ Fees Awards. Appellant sought review of a partial judgment that determined liability on four mechanics’ liens. The Minnesota Court of Appeals held that the appeal of the partial judgment on the liens was not only proper but required immediate appeal. The court of appeals dismissed the appeal from the partial judgment as untimely and decided the award of attorneys' fees is not separately appealable. (Premier Bank v. Consolidated Lumber Company)

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