North Dakota Breach of Contract Law
Northstar Center, LLC v. Lukenbill Family Partnership, L.L.L.P.
<h2><br> Williston, North Dakota breach of contract lawyers represented the parties.<br> </h2><br> <br> Northstar filed a breach of contract claim against Lukenbill; granted Northstar summary judgment on its intentional interference with contract claim against Tundra; granted Lukenbill summary judgment on Lukenbill's indemnification claim against Tundra; and denied Tundra summary judgment on Tundr... More...
$0 (11-21-2024 - ND)Suzanne Marie Sanders, f/k/a Suzanne Marie Bott v. Jason Richard Bott
<h2><br> Cavalier, North Dakota family law lawyers represented the parties in a divorce action.<br> </h2><br> <br> Jason Bott and Suzanne Bott married in January 2008, and have two minor children. In November 2022, Suzanne Bott initiated a divorce action against Jason Bott. The parties entered into a stipulated settlement agreement, and a judgment reflecting the stipulated terms was entered on Jun... More...
$0 (11-21-2024 - ND)Teri Knight v. Prudential Insurance Company of America
Fargo, North Dakota insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.<br> <br> North Dakota law provides that the following may constitute bad faith:<br> <br> d. Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims submitted in which liability has become reasonably clear.<br> <br> e. Compelling insure... More...
$0 (02-15-2024 - ND)Thomas Wagstaff, et al. v. Allstate Insurance Company
Ogden, Utah insurance law lawyer represented the Plaintiffs who sued the Defendant on bad faith breach of insurance contract theories.<br> <br> 31A-26-303. Unfair claim settlement practices.<br> (1) No insurer or person representing an insurer may engage in any unfair claim settlement practice under Subsections (2), (3), and (4).<br> (2) Each of the following acts is an unfair claim settlement pr... More...
$0 (02-05-2024 - ND)Chase Toulou v. Chippewa Resources Incorporated
Minot, North Dakota employment law lawyers represented the Plaintiff who sued the Defendant on a Fair Labor Standards Act violation theory under 29 U.S.C. 206, et seq., which provide:<br> <br> (a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vessels; agricultural employeesEvery employer shall pay to each of his emplo... More...
$0 (09-08-2023 - ND)Michael Becvar and Laurie Becvar v. IMT Insurance Company and Warden Insurance Company
Rapid City, South Dakota insurance law lawyer represented Plaintiffs who sued Defendants on bad faith breach of insurance contract theories.<br> <br> "South Dakota law recognizes a cause of action for bad faith breach of an insurance contract. To succeed in a bad faith claim, the plaintiff must prove the following elements:<br> <br> The defendant is an insurance company.<br> The defendant ... More...
$0 (08-07-2023 - ND)Joshua Ketterling v. Brian Braaten
Fargo, North Dakota personal injury lawyer represented Plaintiff who sued Defendant on a negligence theory.<br> <br> "North Dakota personal injury law is a set of rules that govern the liability of individuals and businesses for injuries that they cause to others. The law is designed to compensate victims of negligence for their injuries and losses.<br> <br> To be successful in a personal injury l... More...
$1 (08-07-2023 - ND)West Dakota Oil v. Kathrein Trucking, et al. and Lee Kathrein
<center><font color="red"><h2><fontcolor="red> Bismarck, ND - Breach of Contract lawyer represented Defendants with appealing from a judgment piercing the veil of Kathrein Trucking, LLC. </h2></font></b></i></font></center></center><br> <br> In May 2020, West Dakota Oil, Inc. sued Kathrein Trucking, LLC and its <br> owner, Kathrein, for failing to pay for fuel West Dakota provided. West Dakota <br... More...
$0 (06-10-2022 - ND)John W. Dixon v. Billie Dixon
Bismarck, North Dakota wills, trusts and estate attorney represented Petitioner, who sued Respondent on a breach of fiduciary duty theory.<br> <br> John Dixon sought accused Billie Dixon of breach of fiduciary duty for failing to provide annual accountings to him, as <br> required by the Trust agrement and contrary to the decision in Dixon v. Dixon, 2018 ND 25, 905 N.W.2nd 748. He further claimed... More...
$0 (04-28-2022 - ND)Leah Grace Taylor v. Aaron James Taylor
<center><h3><font color="red"><h3><font color="red"> Bismarck, ND - Divorce lawyer represented defendant with appealing the modifying of his parenting time, his decision making authority, and finding him in contempt. </h3></font></b></i></center></font><br> <br> Aaron and Leah Taylor were married in 2008. They have two minor <br> children: A.G.T., born in 2008, and L.A.T., born in 2011. The pair ... More...
$0 (04-09-2022 - ND)Thomas D. Varty v. Kathleen A. Varty
<center><h3><font color="red"><h2><font color="red"> Bismarck, ND - Divorce lawyer represented Plaintiff with appealing an order to pay one-half of the net proceeds of a stock sale. </h3></font></b></i></center></font><br> <br> Kathleen and Thomas Varty divorced in 2011. In August 2017, Thomas <br> Varty moved to terminate spousal support to Kathleen Varty. The district <br> court reduced his obli... More...
$0 (02-01-2022 - ND)Steven Mark Orwig v. Mary Caroline Orwig
<center><h3><font color="red"><h2><font color="red"> Bismarck, ND - Divorce lawyer represented appelant with a <br> divorce judgment distributing the parties' property. </h3></font></b></i></center></font><br> <br> In September 2016, Steven Orwig sued Mary Orwig for divorce. They coowned Orwig's Livestock Supplements, Inc. ("OLSâ€); Orwigs Tubs <br> International, Inc. ("OTIâ€); and MVP... More...
$0 (02-01-2022 - ND)Tania Gerving, nka Tania Tschaekofske, aka Tania Hintz v. Dean Gerving and State of North Dakota
<center><h3><font color="red"><h2><font color="red"> Bismarck, ND - Divorce lawyer represented Defendant contesting modification of his child support obligation. </h3></font></b></i></center></font><br> <br> In 2017, Gerving and Tania Gerving, now known as Tania Tschaekofske,<br> divorced. They have two children together and agreed to have equal residential <br> responsibility for the children. A ... More...
$0 (01-26-2022 - ND)Michael R. Pomarleau v. Tanya M. Pomarleau
<center><h3><font color="red"><h2><font color="red"> Bismarck, ND - Divorce lawyer represented defendant with appealing from a divorce judgment and amended divorce judgment. </h3></font></b></i></center></font><br> <br> Michael Pomarleau and Tanya Pomarleau were married in 1999 and <br> have three children. In June 2018, the parties separated. In December 2020, <br> following a trial, the distric... More...
$0 (01-26-2022 - ND)Rodenburg, LLP v. Certain Underwriters at Lloyd's London
Fargo, North Dakota insurance law lawyer represented Plaintiff, which sued Defendant on a breach of insurance contract theory claiming more than $75,000 in damages.<br> <br> The claims made and defenses asserted are not available for this case.<br> <br> This case was initially filed in the Cass County District Court, 09-02019-CV-00196 USCA8, 20-02521, and was removed to federal court by the Defend... More...
$0 (11-22-2021 - ND)Sarah Heggin Lewis and Emily Heggen v. Nine Point Energy, LLC
Bismarck, North Dakota civil litigation lawyers represented Plaintiffs, who sued Defendant on a breach of contract theory. claiming to have suffered $999,999 in damages.<br> <br> ... More...
$0 (08-07-2021 - ND)Agas Siz West Condominium Association v. Judy Solum
Agassiz West Condominium Association appeals from a county court judgment awarding Judy Solum $505.70 in an offset of mutual judgments against the parties. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.<br> <br> I<br> <br> Agassiz consists of three, four-plex residential buildings in West Fargo which were converted into a condominium p... More...
$0 (02-08-1995 - ND)Benjamin William Vandewarker v. Continental Resources, Inc.
<center><br> <img width="300" src="https://www.usmarshals.gov/district/nd/images/bis4.jpg"><br> </center><br> Benjamin Vandewarker, an employee of Great Western Resources (Great<br> Western), appeals the district court’s grant 1 of summary judgment to Continental<br> Resources, Inc. (Continental), dismissing Vandewarker’s personal injury action<br> against Continental. Having jurisdiction purs... More...
$0 (02-27-2019 - ND)Houston Casualty Company v. Strata Corporation
<center><br> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/fargooutsidelookingup_1345405815450131553_1448293187413.png"><br> </center><br> <br> Strata Corporation appeals the district court’s1 order granting summary<br> judgment to its excess insurer Houston Casualty Company and denying its crossmotion<br> for summary judgment. We affirm.<br> In July 2012, Strata employee Pete... More...
$0 (02-09-2019 - ND)Continental Resources, Inc. v. Counce Energy BC #1, LLC
<center><img width="300" src="http://farm4.static.flickr.com/3084/2623624966_fa968920c4.jpg?v=0"></center><br> <P><br> <h2><center><a href="http://www.morelawsuites.com" target="_new">MoreLaw Suites - Legal Suites and Virtual Offices</a><br> <font color="red">The Best Places In Downtown Tulsa To Practice Law<br> 406 South Boulder and 625 South Denver - 918 - 582-3993<br> </font><br> </h2><br> ... More...
$0 (01-04-2019 - ND)Joe R. Whatley v. Canadian Pacific Railway Company
Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.<br> I.BACKGROUND<br> On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sa... More...
$0 (09-18-2018 - ND)Darwin and Jean Krenz v. XTO Energy, Inc.
[¶1] XTO Energy, Inc., appeals and Darwin and Jean Krenz cross-appeal from a judgment awarding the Krenzes $800,000 for a pipeline trespass and ordering the parties to abide by certain documents for their future relationship after the district court construed a pipeline easement to authorize one pipeline on the Krenzes' land and found XTO's unauthorized construction and operation of a second pipe... More...
$0 (02-16-2017 - ND)In the Matter of the Estate of Steven H. Harris Bruce G. Harris, Petitioner and Appellant v. Mary K. Harris, Respondent and Appellee <P> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28012&z=74103&s=OK" target="_new">MoreLaw – Internet Performance Marketing</a> <P> <font color="red">Market Yourself Any and Everywhere in the US Free of Charge <P> If It Does Not Produce Calls to Your Office </font>
[¶1] Bruce Harris appeals a district court's order denying his N.D.R.Civ.P. 60(b) motion to vacate a judgment entered consistent with stipulations Bruce Harris entered into with the trustee and personal representative of Steven Harris's trust and estate. Bruce Harris argues the district court abused its discretion by not vacating the judgment for lack of mutual assent, misrepresentation, and frau... More...
$0 (02-28-2017 - ND)<b>Samantha Gillespie and Tina Taylor v. National Farmers Union Property & Casualty Company</b>
Gillespie and Taylor sued Farmers Union for underinsured motor vehicle coverage, alleging Gillespie was insured under her mother's motor vehicle policy with Farmers Union and was driving a motor vehicle owned by another person when Gillespie lost control of the vehicle and it overturned, resulting in significant injuries to her. According to Gillespie and Taylor, the motor vehicle was owned by An... More...
$0 (10-10-2016 - ND)<b>Rick Snider and Janan Snider d/b/a RJ Snider Construction v. Dickinson Elks Building, LLC</b>
In December 2011, Snider contracted with Beaver Brinkman to perform work on real property owned by the Dickinson Elks. Snider recorded a construction lien in January 2013 for $198,255.08 against the property after it did not get paid for all of its work. In May 2014, the Dickinson Elks served Snider with a demand to start a lawsuit to enforce the lien and record a lis pendens within 30 days of the... More...
$198255 (08-18-2016 - ND)State of North Dakota v. Alfred Rayshan Garnder
Garnder was arrested for driving under the influence and driving with a suspended license. His attorney challenged two of the potential jurors for cause because of their previous professional relationships with the state's attorney as well as the assistant state's attorney who was prosecuting the case. The district court denied the attorney's challenges for cause, finding there was no reason to be... More...
$0 (08-17-2016 - ND)Dean Bjorneby, Keith Bjorneby, Chris Bjorneby, and Josh Bjorneby, individually, and collectively d/b/a Lone Wolf Farms v. Nodak Mutual Insurance Company and Bryan Hurst
The Bjornebys are farmers. They insured their farming operation with a Nodak Mutual insurance policy. Hurst was their insurance agent. During potato harvest, a fire started in the break room of the Bjornebys' potato washing facility. The fire spread and caused substantial damage. The Bjornebys filed an insurance claim, and Nodak Mutual covered a number of losses. Nodak Mutual, however, refused to ... More...
$0 (07-10-2016 - ND)Valentina Williston, LLC v. Gadeco, LLC
On May 4, 2007, Leroy and Norma Seaton entered into an oil and gas lease with Gadeco covering Sections 5, 6, 7, 8, and 18 in Township 154 North, Range 98 West, Williams County, North Dakota. The lease had a primary term of five years. The lease contained a "continuing operations clause," which enabled Gadeco to extend the primary term of the lease if "not more than ninety . . . days . . . elapse b... More...
$0 (04-25-2016 - ND)Welch Construction & Excavating, LLC v. Linh Duc Duong, d/b/a Classy Nails
Welch Construction sued Duong, alleging the parties contracted for Welch Construction to remodel a vacant retail space in Kirkwood Mall into a Classy Nails salon for $92,225. Welch Construction alleged it completed the work and Duong failed to pay the balance of $30,825 due under the contract. Duong answered and counterclaimed, denying he owed an outstanding balance under the contract and allegin... More...
$0 (03-20-2016 - ND)Kittleson v. Grynberg Petroleum Company,
In 1991, Grynberg Petroleum Company and Kittleson's predecessor in interest, Tyronne and Marilyn Kittleson, entered into an oil and gas lease. The parties also executed a separate rider that modified and amended the lease. The royalty clause of the lease provides in part:<br> <br> Lessee [Grynberg] shall pay Lessor [Kittleson] the market value at the well for all gas (including all substances cont... More...
$0 (02-24-2016 - ND)Titan Machinery, Inc. v. Patterson Enterprises, Inc.
Patterson is a Montana corporation headquartered in Missoula, which uses heavy equipment in the construction industry. Titan is an equipment rental company with several locations in the United States, including Missoula and Williston, North Dakota. In 2011, Patterson contracted for construction work in northwestern North Dakota and leased several items of heavy equipment from Titan. Patterson also... More...
$0 (01-21-2016 - ND)Markgraf v. Welker
Markgraf and Shanahan brought an action against Welker and Ostrem to quiet title to minerals in and under property located in Mountrail County, described as:<br> <br> <br> Township 154 North, Range 93 West<br> Section 17: N1/2NW1/4, SW1/4NW1/4, NW1/4SW1/4<br> Township 156 North, Range 93 West<br> Section 25: SW1/4<br> <br> Township 156 North, Range 92 West<br> Section 19: E1/2NW1/4, Lots 1 & 2<br>... More...
$0 (12-31-2015 - ND)Arrow Midstream Holdings, LLC v. 3 Bears Construction, LLC,
In 2013, Arrow, a Delaware limited liability company, hired 3 Bears, a North Dakota limited liability company, to be the general contractor for the construction of a pipeline located on a right-of-way easement acquired by Arrow from the Bureau of Indian Affairs over Indian trust land on the Fort Berthold Indian Reservation. See 25 U.S.C. §§ 321 and 323. The easement was "for the purpose of insta... More...
$0 (12-30-2015 - ND)Clark v. Farmers Union Mutual Ins
In January 2010, Clark received a telephone call around 3 a.m. from his brother asking for assistance with his pickup, which was stuck in a snowdrift. According to Clark's deposition, after the brothers were unable to pull the pickup out of the snowdrift, he drove to their grandfather's nearby farm to get a tractor to pull it out. Clark stated that after proceeding a short way down the road, the ... More...
$0 (12-22-2015 - ND)Knorr v. Norberg
In 2004, Robert and Cheri Knorr purchased a lot and constructed a home on Lake Audubon in McLean County. According to the Knorrs, the home was built to accommodate Cheri Knorr's Parkinson's disease and was intended to be their retirement home. When the real estate market declined, the Knorrs say they were forced to mortgage the lake property as well as some of their other property to stay current... More...
$0 (12-08-2015 - ND)Fleck v. Missouri River Royalty Corp.
Fleck owns mineral interests in McKenzie County described as the south half of section 10 in range 100 west of township 150 north. In 1972, Fleck's predecessors in interest executed an oil and gas lease in favor of the defendants' predecessor in interest. The lease term was ten years and as long thereafter as oil or gas was produced. The lease also provided it would not expire if production ceased... More...
$0 (12-08-2015 - ND)Yahna v. Altru Health System,
Lori Yahna appealed from a summary judgment dismissing her complaint against Altru Health System for age discrimination and for wrongful termination of employment. She asserts there are disputed issues of material fact on her claims that her termination constituted age discrimination and violated Altru's employment policies and procedures. We affirm. In 1984, Yahna began working for the Grand For... More...
$0 (12-03-2015 - ND)Johnson v. Buskohl Construction, Inc.
John Buskohl and Buskohl Construction Inc. (collectively "Buskohl") appeal from a district court's judgment entered on a jury verdict and from an amended order denying a motion for a new trial. We conclude the district court erred in admitting hearsay evidence that did not fall within an exclusion or exception. We reverse the district court's judgment and remand for a new trial, because the distri... More...
$0 (12-03-2015 - ND)Huether v. Nodak Mutual Ins. Co.
Timothy Huether appeals from a district court summary judgment dismissing his insurance claim against Nodak Mutual Insurance Company, "Nodak Mutual." Huether argues the district court erred in granting summary judgment for Nodak Mutual because it misinterpreted the terms of the insurance policy. We affirm.<br> [¶2] Huether contracted with Nodak Mutual to provide insurance coverage for his house,... More...
$0 (12-03-2015 - ND)Border Resources, LLC v. Irish Oil & Gas, Inc.,
[¶2] Irish Oil is an oil and gas exploration, production, and brokerage company. Border provides landman services to clients, including acquiring leases, performing due diligence, and providing title curative work. This case involves Border's claim against Irish Oil for breach of contract for landman services Border provided to Irish Oil and Irish Oil's counterclaim against Border for breach of f... More...
$0 (10-31-2015 - ND)