A case involving the neighbors of a Minot bank expansion project has been heard by the North Dakota Supreme Court, where the neighbors argued that the city gave “special treatment” to the bank during the project. The litigation at the core of the controversyinvolved the number of parking spaces a...
Brudvik Law Blog Posts
Have you exhausted your administrative remedies?
When you have a legal issue, there are typically two aspects of your case. There are the “merits” of your claim. This is what most people understand to be your legal issue. The merits of a case are important; if you have some problem that is not really suited for the courts, you may be frustrated...
You always hope the other side defaults
During litigation, you presume the other side is going to fight as aggressively as you are to win. However, on occasion, you may come across another party who folds almost immediately or shortly after the litigation begins. This can be optimal, although how optimal may depend on the reason behind...
Timing is everything: the collapse of a ND oilfield business
The failure of a business is never a pleasant experience. Sometimes, a market is overcrowded and the weaker businesses get left behind. For others, it may be poor management and incompetence. And yet others may be pulled under when an entire market fails, as when the dot-com bubble burst, the col...
$950K fine leads to dispute over North Dakota agency jurisdiction
Most people, when they consider some issue worthy of bringing a lawsuit, assume they will have “their day in court.” For some matters, this is true. Arrested for a drunk driving offense, you will go to court. Want to sue your neighbor for $100,000 in damage they caused to your home? That too, is ...
Litigation and the terms of a contract
Businesses are always concerned about litigation. It can be expensive and time-consuming, and when prolonged, it can be very distracting to the operation of your business. But, litigation involving other entities may be instructive for your business. It may provide examples of conduct to avoid or...
The basics of a breach of contract
A common type of business litigation that occurs between parties is a breach of contract. Contracts are basic to much of the operation of business in North Dakota and they generally facilitate the smooth flow of commerce and services in the economy. A contract has been said to “fix the future,” m...
When an appeal creates more questions than it answers
Appealing any case can be a difficult question. When, as a litigant, you believe the trial court made an error during your trial, you may feel it is necessary to appeal that error. For a business, however, the decision is more complex. While some aspect of the lower court decision may have been i...
Proof Beyond a Reasonable Doubt: What Does That Mean?
Written by Attorney Scott Patrick Brand of Brudvik Law Office, P.C. Thanks to crime-related TV series, movies, and literature, most people know that in order to convict someone of a crime in the United States a jury must find that person guilty “beyond a reasonable doubt.” But many people are uns...
Hepatitis C outbreak leads to business litigation
When you think about the parties to a personal injury lawsuit, you typically may think of a person suing a driver of a vehicle, a doctor or a hospital or some other person or entity that caused their injuries. We may not think of a business suing another business. But that is what happened in Min...
Bust for oil fields may mean boot times for litigation
During boom times, everyone seems happy. Employers are busy and in a rush to hire employees. Workers flock to these areas, ready to grab any job, and other businesses strive to either open new locations in these areas or to work with other businesses already there as suppliers or providing other ...
A prenuptial agreement could be the right decision
Many people believe that a prenuptial agreement is only for rich couples. They believe this arrangement is only for people bringing millions of dollars into a marriage. This is far from the truth. A prenuptial agreement can be used by anybody who wants to protect his or her assets as they head in...
The Basics for Starting a Legal Action in North Dakota
Written by Attorney Ross A. Nilson of Brudvik Law Office, P.C. At some point many individuals and businesses get to a point where they feel that they need to start a legal action to accomplish their goals. The goals could range from collecting on an unpaid bill to challenging a wrongful terminati...
Landowner sues over pipeline eminent domain taking
Landowners in Grand Forks County are suing the North Dakota Pipeline Co., which is attempting to build the “Sandpiper” pipeline across North Dakota and Minnesota to a terminal in Wisconsin. Their land near Emerado has been condemned as part of the process that would permit the company to build th...
County’s request to terminate lease is denied
A Southeast District judge has denied a request by Griggs County to terminate its lease with the Griggs County Building Authority. At this time, the two sides are locked in a battle regarding which one is responsible for failing to complete the construction phase of the $2.2 million courthouse, w...
Why do I need an Estate Plan?
Written by Attorney Cassie Tostenson of Brudvik Law Office, P.C. Often times people avoid putting together an estate plan for a variety of reasons. By taking the time and effort necessary to plan your estate, you will be able to reduce the stress and cost on those that have to make decisions when...
Protecting intellectual property in North Dakota
Business owners in North Dakota who do not take the proper steps to protect their assets may be setting themselves up for expensive and time-consuming litigation. According to a report from The Washington Post, the world economy suffers a $445 billion loss every year due to economic espionage and...
When litigation is your only option
In your affairs, business or personal, in most cases a thoughtful approach to most matters will serve you well. If you own and operate a business, careful planning can help avoid many problems. When you organize your business, whether as a partnership, corporation or limited liability company, wo...
A review of your employment policies can reduce risk of lawsuit
Any business that has employees needs to have properly implemented employment practices to minimize the risk of litigation arising from your hiring and management activities. The federal Equal Employment Opportunity Commission (EEOC) is continuing an aggressive policy of ligation against employer...
Do you need a confidentiality agreement?
In your business, you probably employ many types of contracts for various purposes. You may have distribution agreements with suppliers, a commercial lease for your factory, warehouse or office space, and you may have employment contracts with some of your employees. One type of contract that may...
Did the Sixth Circuit have jurisdiction to decide anything?
The recent decision by the Court of Appeals for the Sixth Circuit on the Environmental Protection Agency (EPA) and the Corps of Engineers' regulation defining “waters of the United States” (WOTUS) is something of an oddity. In court cases, the issue of jurisdiction is fundamental. Without it, a ...
How appealing?
During litigation, parties may lose a motion or a case. Once a trial court has ruled against them, they may feel that the ruling was incorrect and that they should appeal. While most people have heard of the concept of making an appeal in court, it is unlikely that they fully understand how and w...
What if your employees cut a fiber optic cable?
It also means that data can be processed and used, from measuring real-time production to allowing more effective maintenance and repairs to equipment and facilities. Documents and data that would have had to be sent overnight can be read immediately in the field on a phone. Innovations in commun...
When should you speak with a lawyer?
Most people recognize that if they have been sued or arrested for a crime, they probably need a lawyer. While they may know that they can appear “pro se” and defend themselves in a civil or criminal case, they may also have heard the old saying phrased by Abraham Lincoln, as “He who represents hi...
Where will they sue?
Contract disputes and civil litigation can rapidly become complex, especially when the underlying circumstances are complex. Witness the contract dispute that has arisen in Griggs County concerning the construction of a new courthouse. The politics of the situation highlight problematic nature of...