Eighth Circuit

On June 6, 2014, Attorney Joshua Newville of Madia Law filed a lawsuit on behalf of seven same-sex couples in North Dakota. The lawsuit, Ramsay, et al. v. Dalrymple, et al., 14-CV-57, was filed in United States District Court in Fargo, North Dakota.

Like Madia Law’s filing in South Dakota two weeks ago, the lawsuit against North Dakota officials is the first lawsuit in the state to challenge the state’s same-sex marriage ban. The lawsuit alleges the state’s ban on marrying same-sex couples and its refusal to recognize the marriages of other jurisdictions deprives gay and lesbians from their constitutionally-protected rights of equal protection, due process, and right to travel.

Advocacy group Freedom to Marry is tracking the progress of marriage equality litigation across the country.

 KFYRTV.COM – Bismarck, ND – News, Weather, Sports

{ 0 comments }

On May 22, 2014, on behalf of twelve South Dakota residents, Madia Law Attorney Joshua Newville filed a federal lawsuit in United States District Court in Sioux Falls, South Dakota.  The lawsuit challenges the constitutionality of South Dakota’s statutory and constitutional bans on same-sex marriage.

The lawsuit was filed on behalf of Plaintiffs Jennie and Nancy Rosenbrahn, Jeremy Coller and Clay Schweitzer, Lynn and Monica Serling-Swank, Krystal Cosby and Kaitlynn Hoerner, Barbara and Ashley Wright, and Greg Kniffen and Mark Church. Defendants include Governor Dennis Daugaard, Attorney General Marty Jackley, Secretary of Health Doneen Hollingsworth, Secretary of Public Safety Trevor Jones, Pennington County Register of Deeds Donna Mayer, and Brown County Register of Deeds Carol Sherman. United States District Court Judge Karen Schreier is overseeing the matter in the Southern Division of the District of South Dakota. The Court file number is 14-4081.  The allegations contained in the Complaint are below: [click to continue…]

{ 1 comment }

Twin Cities Civil Rights Attorneys

–For Immediate Release–

MAYOR HODGES TO MARRY SOUTH DAKOTA COUPLE WHO WILL CHALLENGE STATE’S SAME-SEX MARRIAGE BAN

Minneapolis, April 24, 2014 – This Saturday, Minneapolis Mayor Betsy Hodges will welcome visitors Nancy Robrahn and Jennie Rosenkranz to The City of Lakes.  The Mayor will then marry the South Dakota couple, setting the stage for them to return home and challenge a 2006 constitutional same-sex marriage ban.

The Rapid City couple has been together for 27 years.  They have four children and six grandchildren.  “We already consider ourselves married; this is a rededication of that marriage,” said Robrahn, 68.

“We are approaching the time when end of life decisions and plans need to be made.  There are many federal protections that will become available to us through this Minnesota marriage. We hope to see the day when couples like us don’t have to travel out of South Dakota to marry,” said Robrahn.

Upon returning home, the pair will join two other South Dakota couples and, together, will file a federal class action civil rights lawsuit against South Dakota government officials.  The lawsuit, which will soon be filed in United States District Court, will seek to overturn South Dakota’s same-sex marriage ban and to require the state to recognize marriages performed out of state.

Attorney Joshua Newville of Minneapolis-based Madia Law LLC represents all three couples. “These couples show that love and commitment exist in South Dakota just as they exist in Minnesota and beyond.  South Dakota has failed to treat all of its citizens with the dignity and respect deserved by all people.  With the filing of this lawsuit, we will lead South Dakota down a better path,” said Newville.

At 1:00 P.M. on Saturday, April 26, 2014, Mayor Hodges will marry the couple in a private ceremony at the Community of Christ Church in North Minneapolis.  The ceremony will be followed by a press conference at 1:30 P.M., where the Mayor will introduce the couple as, “Mrs. and Mrs. Rosenbrahn.”

{ 4 comments }

On behalf of the United States and multiple State governments, Madia Law has filed a federal qui tam action in federal District Court.  The filing alleges fraud against the government by multiple corporate Defendants.  Pending potential intervention by the United States, the suit remains under seal for at least 60 days.

In a qui tam action, a private party known as a relator brings a whistleblower suit on behalf of the government; thus, the government, not the relator, is considered the plaintiff.  If the action is successful in prosecuting the fraud, the relator receives an award, generally based on a portion of the amount recovered for the government.  The False Claims Act, Title 31 U.S.C. § 3279 et seq., authorizes qui tam actions and requires that parties wishing to bring such actions retain counsel.

{ 0 comments }

As published in the Harvard Law & Policy Review, Kevin M. Clermont & Stewart J. Schwab observed that from 1979-2006, plaintiffs bringing employment law matters (discrimination, wrongful termination, etc) in federal court won only 15% of the time. When paired with the observation that plaintiffs in non job-related matters won 51% of the time, that 15% figure is stunning. Questions as to why there is such an imbalance in employment law compared to other areas of law have been the focus of many journalists, lawyers and academics. But for attorneys who represent plaintiffs in employment discrimination cases, there is one key factor worth focusing on: properly preparing a case to survive motions for dismissal, particularly summary judgement motions.

http://www.hlpronline.com/Vol3.1/Clermont-Schwab_HLPR.pdf

[click to continue…]

{ 0 comments }

Minneapolis Disability Discrimination Lawyers

Wandersee v. Farmers State Bank (D. Minn. 2012):  A federal district court in Minnesota denied summary judgment to Farmers State Bank in a disability discrimination case under the Americans with Disabilities Act and Minnesota Human Rights Act brought by Karin Wandersee, a longtime employee who suffers from multiple sclerosis.

Read More . . .

{ 0 comments }

Sanders v. Lee County School District, No. 10-3240 (8th Cir. 2012).  An Arkansas jury found in favor of plaintiff Sharon Sanders on her Title VII claims of race discrimination and constructive discharge.  The jury awarded $10,000 in compensatory damages for race discrimination, $60,825 in back and front pay damages for her constructive discharge, and $8,000 in punitive damages.  After the verdict, the district court judge granted the School District’s motion under Rule 50 of the Federal Rules of Civil Procedure to set aside the jury’s verdicts on constructive discharge and punitive damages.  Sanders appealed the district court’s vacation of the jury’s verdicts to the Eighth Circuit Court of Appeals – the Eighth Circuit reversed the district court’s ruling and reinstated the jury’s findings.

Read More . . .

{ 0 comments }