FARM EQUIPMENT DEALERSHIP: Agreement subject to MFIDA per “community of interest” between tractor dealers… MFIDA 90-day notice provision not waived by agreement to 30-day termination clause… $243,847 bench judgment affirmed over $1.8 million claim by Plaintiff, [Read more…]
Archives for 2009
Interlocal agreement, merits v. injunction
INTERLOCAL AGREEMENT: Ultimate merits of agreement dispute improperly resolved prior to analyzing requested preliminary injunction… remanded for injunction pending trial on merits… Curtis reversed. [Read more…]
Work comp, plumber hand OD v. motorcycle wreck
WORK COMP: Plumber’s work significantly aggravated or contributed to hand/wrist condition, not significantly affected by motorcycle accident, 51% standard properly rejected… Shea affirmed. [Read more…]
Property, parol evidence, mutual mistake deed
PROPERTY: Parol evidence properly admitted to prove that by mutual mistake deed did not contain agreed restrictions, deed properly reformed… McLean affirmed. [Read more…]
Mental commitment, friend, plain error
MENTAL COMMITMENT reversed for failure to appoint a friend… plain error review invoked first time in commitment proceeding… Sherlock reversed. [Read more…]
Mental commitment, friend, plain error
MENTAL COMMITMENT reversed for failure to appoint friend… plain error review… McCarter reversed. [Read more…]
Clerk of court, judicial orders, contempt
CLERK OF COURT: Petition for writ of prohibition to void orders by 13th Judicial Dist. judges mooted by Clerk’s election loss, no longer threat of contempt… order. [Read more…]
Attorney discipline, tendered admissions filing
ATTORNEY DISCIPLINE: Unfair to require filing tendered admissions in unique circumstances… order. [Read more…]
Counsel withdrawal, day of trial, continuance
COUNSEL WITHDRAWAL: Continuance properly denied after fired counsel formally withdrew 1st day of trial in light of unique circumstances and compensation to divorce party… H. Brown affirmed. [Read more…]
Indian child, transfer to tribal court
INDIAN CHILD: Supervisory control of McNeil granted to prevent transfer to ND tribal court pending further consideration in light of AP… order. [Read more…]