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ND Prohibition against Non-Competition Agreements Prevails Over Choice of Law and Forum Selection Clauses

As most corporate and commercial litigation attorneys in this state already know, North Dakota law provides that a non-competition agreement is void as a matter of law except in a few, limited circumstances. See N.D.C.C. § 9-08-06. Enterprising attorneys have attempted to circumvent the prohibition…

By O'Keeffe O'Brien Lyson Attorneys

/ 7 Dec 2017

Is It Safe? GM’s New App Allows Drivers to Shop Right from the Road

A new app from General Motors will allow drivers to make online purchases right from the road. GM’s new app, coined “the Marketplace,” is rolling out this month and is expected to come equipped on all new 2017 and 2018 Chevrolet, Buick, GMC, and Cadillac…

By Legal Examiner Staffer

/ 6 Dec 2017

What Clients and Lawyers Need To Know in Trucking Accidents

News reports this past month focused on new records being reached in shipments via truck in the United States. In light of recent accidents between big rigs and passenger vehicles, safety experts are calling for companies to reassess their safety equipment for large vehicles after…

By Legal Examiner Staffer

/ 6 Dec 2017

When Do the Actions or Inactions of a Contractor Lead to a Breach of Duty?

In Dahlgren v. Brooks, No. A-16-1215 (Neb. Ct. App. 2017) the Nebraska Court of Appeals took on this question in a breach of contract case. Gregg Dahlgren and Kristen Dahlgren (“Dahlgrens”) filed a complaint against Dennis Brooks (“Brooks”) for breach of contract and negligence stemming…

By T. Thomas Metier

/ 6 Dec 2017

What Determines Whether a Property Owner Had Actual or Constructive Notice of a Dangerous Condition to Satisfy the First Element for Premises Liability?

In Gless v. Dritley Properties, No. A-16-978 (Neb. Ct. App. 2017) the Nebraska Court of Appeals answered that question. On October 10, 2011, Laura Gless (“Gless”) slipped and fell on water on the floor inside the foyer of Elkhorn Animal Hospital, owned by Dr. Paul…

By T. Thomas Metier

/ 4 Dec 2017

How the New ELD Mandate Could Change the Trucking Industry for the Better

The December 18th deadline for compliance with the Federal Motor Carrier Safety Administration’s (FMCSA’s) new ELD mandate has been a long time coming. First passed by Congress five years ago, the rule has been legislated and litigated as one group or another has sought…

By Legal Examiner Staffer

/ 29 Nov 2017

When a Claimant Fails to Prove Value of Damaged Property Before the Incident in Question, Must Insurers Still Pay Out a Policy?

In Aziz v. Allstate Insurance Company, No. 16-3888 (8th Cir. 2017), the United States Court of Appeals for the Eighth Circuit granted judgment as a matter of law to the defendant, Allstate. A fire damaged Azim and Kina D. Aziz’s (“Aziz”) house. After the fire,…

By T. Thomas Metier

/ 29 Nov 2017

The Dangers of Distracted Walking and What Some States Are Doing About It

A recent online Harris Poll survey, conducted on behalf of the Property Casualty Insurers Association of America, declared Las Vegas as one of the most walkable cities in the U.S.—while also declaring that 32 percent of Americans thought that the Entertainment Capital of the World was…

By Legal Examiner Staffer

/ 28 Nov 2017

When a Plaintiff Early Withdraws a Cause of Action Under the PSTCA Can She Still Sue?

In Hedglin v. Esch, No. A-17-039, (25 Neb. App. 306) the Court of Appeals of Nebraska looked at this issue. In May of 2016, Cassandra Hedglin (“Hedglin”) made a claim against the City of Hastings, Nebraska (“City”) for the personal injury, mental anguish, and humiliation…

By T. Thomas Metier

/ 27 Nov 2017

Problematic Hospital Fires Doctor Who Pointed Out Issues

Dr. Julian Craig has practiced internal and pulmonary medicine for almost 30 years, he is a past president of the Medical Society of D.C. and he has overseen clinical care as the chief medical officer at United Medical Center (UMC) since 2015—a role that will…

By Christopher T. Nace

/ 27 Nov 2017

Problematic Hospital Fires Doctor Who Pointed Out Issues

Thanksgiving Weekend: One of the Deadliest Times to Travel

On Sunday, November 19, a 4-year-old Cedar City girl was killed in a fatal crash on Sunday in Nevada on I-15 near Valley of Fire State Park around 4 p.m. in the afternoon. Her family, including three siblings, was driving back to Cedar City when…

By Legal Examiner Staffer

/ 22 Nov 2017

When Will the Court Grant a Request for Ex Parte Interviews?

In the case of Carmody v. Mikesell, No. 16-cv-02603-PAB-NYW, (D. Col., 2017) the Colorado District Court tackles this question. This case arises from a back injury sustained by Cathleen Carmody (“Carmody”) while detained at the Teller County Detention Center. Carmody alleges in 1999, she sustained…

By T. Thomas Metier

/ 22 Nov 2017