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    • If you get hurt at the gym, can you sue them?

      If you get hurt at the gym, can you sue them?

      At most gyms, an individual must sign a membership agreement prior to using the facility. This membership agreement almost always includes a release from liability or liability waiver provision. Generally, if an individual signs a release of liability or a […]

    • Civil Asset Forfeiture in North Dakota

      Civil Asset Forfeiture in North Dakota

      Can law enforcement take your personal property, sell it, and keep the proceeds? Under current North Dakota law, if law enforcement believes the property was used in a crime, this is legal. Regardless of whether a person is convicted of […]

    • Suspicionless Searches of  Unsupervised Probationers Unconstitutional in North Dakota

      Suspicionless Searches of Unsupervised Probationers Unconstitutional in North Dakota

      In State v. Ballard, 2016 ND 8, the defendant, Jeremy Ballard was on unsupervised probation as a result of pleading guilty to two misdemeanor drug crimes. A few months later, a deputy sheriff saw Ballard driving a vehicle with two […]

    • Governor Burgum Should Exercise His Constitutional Right to Threaten a Veto

      Governor Burgum Should Exercise His Constitutional Right to Threaten a Veto

      On February 22, 2017, The Forum published an article on the North Dakota Legislature’s potential elimination of income-tax breaks for new businesses and residents in Renaissance Zones in cities across the state. (“Tax break reform plan could ‘cripple’ downtown Fargo […]

    • Medical Malpractice Claims and the Loss of Chance Doctrine

      Medical Malpractice Claims and the Loss of Chance Doctrine

      The “loss of chance” doctrine allows patients to recover when a doctor’s negligence reduces their chance of survival. Essentially, a doctor can be held liable for the value of the patient’s “lost chance” at surviving by negligent actions like delayed […]

    • Marsy’s law: What is it, and what does it mean for North Dakota?

      Marsy’s law: What is it, and what does it mean for North Dakota?

      Marsy’s Law is not a law at all, but is actually part of the North Dakota Constitution as of December 8, 2016. North Dakota’s voters approved a new constitutional amendment about victims’ rights called Marsy’s Law. Despite opposition from attorneys, […]

    • Medical Marijuana Law in North Dakota

      Medical Marijuana Law in North Dakota

      Medical Marijuana Law in North Dakota North Dakota recently joined many other states in approving marijuana for medical use. The ballot measure passed with 64% of the statewide vote, indicating a majority of North Dakotans favor the use of marijuana […]

    • NDSU Limited Campus Police Jurisdiction: What it Means

      NDSU Limited Campus Police Jurisdiction: What it Means

      For many years the North Dakota State University Campus Police and the Fargo Police Department operated under a Memorandum of Understanding, which essentially granted NDSU Police to patrol and make arrests anywhere within the City of Fargo. Several universities and […]

    • Why Carry More Auto Insurance Than the Limits?

      Why Carry More Auto Insurance Than the Limits?

      In North Dakota, drivers are required to carry a minimum amount of bodily injury liability coverage equal to $25,000 per person/$50,000 per accident, and $25,000 per accident for property damage. Why should you consider carrying more? When a crash is […]

    • The Sudden Emergency Doctrine Should Be Eliminated in Motor Vehicle Crash Cases

      The Sudden Emergency Doctrine Should Be Eliminated in Motor Vehicle Crash Cases

      The sudden emergency doctrine is a doctrine of tort law in which a person who is confronted with a sudden unexpected situation not of his or her making and acts reasonably will not be held liable even if those actions […]