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Bird Industries, Inc. v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation (MLW No. 79592/Case No. 22-2584 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of North Dakota, Hovland, J.

Where appellants challenged the confirmation of an arbitration award against them, there was no evident partiality by the arbitrator, and the district court did not make a mistake in setting the attorney fee award or in concluding that the appellant’s ...

Westjohn v. Seldin Co. (MLW No. 79490/Case No. 22-2853 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska, Bataillon, J.

Where an automotive group, which was a defendant in a class action arising from its sale and marketing of hail-damaged vehicles as “brand-new” and “factory-fresh,” challenged the denial of its motion to stay a class action and compel the parties ...

Tagged with: Arbitration class action Purchase Contracts

Where in a dispute regarding an unpaid loan in which the district court entered judgment in favor of the estate of the woman who made the loan, the court correctly instructed the jury on the elements of fraudulent concealment under ...

Tagged with: fraud Proper Party in Interest Statute Of Limitations

Where appellant challenged the dismissal with prejudice of her petition against respondent and a bank for claims including conversion and fraud, the dismissal by docket sheet entry did not meet the requirements of Rule 74.01(a) and was not a judgment, ...

Tagged with: Dismissal Docket Sheet Entry jurisdiction

(1)Where appellant land owner challenged a judgment awarding him $573,000 as compensation for the condemnation of his property and assessing $21,207 in costs against him, the presiding judge had authority to specially assign the action to another judge, so the ...

Tagged with: condemnation Judge Request

Where a plaintiff, who was injured when shipped goods fell on him from a trailer that he was driving, sued the seller of the goods and a shipper, the Carmack Amendment does not preempt state-law personal injury claims, even if ...

Tagged with: Carmack Amendment Personal Injury Claim Preemption

Where a law firm that was fired from a personal injury case sought to recover attorneys’ fees in quantum meruit, the district court properly found that the law firm’s services did more harm than good to the case when it ...

Tagged with: Attorney's fees Contingency Fee Quantum Meruit

Where prison inmates brought a putative class action against a company that provides telephone services to correctional facilities, arguing that the rates and fees were unjust under the Federal Communications Act, the district  court did not err in decertifying the ...

Tagged with: Arbitration Class Decertification unjust enrichment

Where appellants challenged a permanent injunction prohibiting them from operating a commercial swimming facility on their property until certain safety conditions were met, the trial court did not err in concluding that appellants’ operation of the facility was a public ...

Tagged with: Injunction Public Nuisance