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.Read More »
Civil Practice: Arbitration Award-Impartiality
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 ...Read More »
Civil Practice: Dismissal-Rule 60(b) Motion-Challenge to Basis for Dismissal
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.Read More »
Civil Practice: Arbitration-Class Action-Purchase Contracts
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 ...
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Civil Practice: Fraud-Statute of Limitations-Proper Party in Interest
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 ...
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Civil Practice: Dismissal-Docket Sheet Entry-Jurisdiction
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, ...
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Civil Practice: Condemnation-Judge Request
(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 ...
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Civil Practice: Carmack Amendment-Personal Injury Claim-Preemption
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 ...
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Civil Practice: Attorneys’ Fees-Contingency Fee-Quantum Meruit
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 ...
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Civil Practice: Arbitration-Class Decertification-Unjust Enrichment
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 ...
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Civil Practice: Public Nuisance-Injunction
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 ...
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