North Dakota Intentional Law

State of North Dakota v. Shawnee Lynn Krall

Minot, North Dakota, criminal defense lawyer represented the Defendant charged with ntentional or knowing murder. ¶1] Shawnee Krall appeals an amended criminal judgment after a jury found him guilty of intentional or knowing murder of Alice Queirolo. We conclude the State presented sufficient evidence for a jury to find Krall guilty beyond a reasonable doubt. We further conclude the distric... More...

$ (01-28-2026 - ND)

State of North Dakota v. Kareem Lee Byrd, Jr.

Fargo, North Dakota criminal defense lawyer represented the Defendant charged with intentional and knowing murder. Defendant sought post-conviction relief, which was denied.... More...

$0 (04-02-2025 - ND)

Northstar Center, LLC v. Lukenbill Family Partnership, L.L.L.P.

<h2> Williston, North Dakota breach of contract lawyers represented the parties. </h2> 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)

State of North Dakota v. Arthur Prince Kollie

Fargo, North Dakota criminal lawyer represented Defendant charged with intentional, knowing or with extreme indifference murder of a child, robbery with a firearm and aggravated assault with a dangerous weapon. Arthur Kollie was accused of killing Jupiter Paulsen outside Party City in Fargo.... More...

$0 (09-15-2022 - ND)

State of North Dakota v. Robert John Pulkrabek

<center><h2><fontcolor="red> Bismarck, ND - Criminal Defense lawyer represented defendant with a terrorizing and disorderly conduct charge. </h2></center></center> In 2015, Pulkrabek was charged with terrorizing, threatening public servants, menacing, and disorderly conduct. On the day of the trial a pre-trial conference was held in chambe... More...

$0 (06-08-2022 - ND)

Michael R. Pomarleau v. Tanya M. Pomarleau

<center><h3><h2> Bismarck, ND - Divorce lawyer represented defendant with appealing from a divorce judgment and amended divorce judgment. </h3></center> Michael Pomarleau and Tanya Pomarleau were married in 1999 and have three children. In June 2018, the parties separated. In December 2020, following a trial, the distric... More...

$0 (01-26-2022 - ND)

Lorenzo Traveras Pemberton v. State of North Dakota

<center><h2> Bismarck, ND - Criminal defense attorney represented Lorenzo Traveras Pemberton with aggravated assault, interference with an emergency call, and felonious restraint charges. </h2></center> We described the evidence presented to the jury in State v. Pemberton, 2019 ND 157, ¶¶ 2-7, 930 N.W.2d 125, and we will not repeat those facts here... More...

$0 (05-28-2021 - ND)

State of North Dakota v. Steven Donald Aune

<center><h2> Bismarck, ND - Criminal defense attorney represented Steven Donald Aune with arguing the jury's verdict was inconsistent and the district court relied on an impermissible sentencing factor, rendering his sentence illegal.</h2></center> On May 1, 2019, Aune's adult twin daughters were both living at his home. One of the daughters had be... More...

$0 (01-23-2021 - ND)

State of North Dakota v. Rolando Rodriguez

<center><h2> Bismarck, ND - Criminal defense attorney represented with appealing from a criminal judgment after a jury found him guilty of gross sexual imposition, burglary, terrorizing, and domestic violence assault.</h2></center> Rodriguez was charged with gross sexual imposition, burglary, terrorizing, intentional interference with a telepho... More...

$0 (01-12-2021 - ND)

State of North Dakota v. Kelvin Antone McAllister

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> The State charged McAllister with aggravated assault on September 19, 2018. The district court ... More...

$0 (04-02-2020 - ND)

Benjamin William Vandewarker v. Continental Resources, Inc.

<center> <img width="300" src="https://www.usmarshals.gov/district/nd/images/bis4.jpg"> </center> Benjamin Vandewarker, an employee of Great Western Resources (Great Western), appeals the district court’s grant 1 of summary judgment to Continental Resources, Inc. (Continental), dismissing Vandewarker’s personal injury action against Continental. Having jurisdiction purs... More...

$0 (02-27-2019 - ND)

Houston Casualty Company v. Strata Corporation

<center> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/fargooutsidelookingup_1345405815450131553_1448293187413.png"> </center> Strata Corporation appeals the district court’s1 order granting summary judgment to its excess insurer Houston Casualty Company and denying its crossmotion for summary judgment. We affirm. In July 2012, Strata employee Pete... More...

$0 (02-09-2019 - ND)

Keller v. State of North Dakota

In 2003, a jury found Keller guilty of conspiracy to commit murder, attempted murder, and reckless endangerment. On February 20, 2004, the district court sentenced Keller to twenty years in prison on each count for the conspiracy to commit murder and the attempted murder convictions to run concurrently and, thereafter, to five years in prison for the reckless endangerment conviction. Keller appeal... More...

$0 (10-31-2015 - ND)

State of Oklahoma v. Gayne Alan Gasal

[¶1] Gayne Alan Gasal appeals from a district court criminal judgment entered upon a jury conviction of hunting without a license and from a district court order denying his motions to suppress evidence obtained after the issuance of a search warrant on his farmstead for two hunting rifles and from statements he made during conversations with the game warden. Gasal argues the district court erred... More...

$0 (02-12-2015 - ND)

Sagebrush Resources, LLC v. Daryl Peterson

[¶1] Sagebrush Resources, LLC, appeals from a summary judgment dismissing with prejudice its action for trespass and for injunctive relief against Daryl, Larry, and Galen Peterson, determining the action was frivolous and not made in good faith, and awarding the Petersons $23,729 in attorney fees. Sagebrush argues the district court abused its discretion in deciding Sagebrush's claims were frivol... More...

$0 (01-14-2014 - ND)

Thomas Dickson v. American Bankers Insurance Co.

After their residential property was inundated by massive flooding in Bismarck, North Dakota during the spring of 2011, Thomas and Sherri Dickson filed a claim with their insurer, American Bankers Insurance Company of Florida, for the costs of removing trees and other debris which the flood had deposited on their land. American Bankers denied the Dicksons' claim under their Standard Flood I... More...

$0 (01-07-2014 - ND)

Catherine L. Walstad v. Richard H. Walstad

[¶1] Catherine Walstad appeals from a district court memorandum opinion and order reaffirming its previous judgment requiring Richard Walstad to pay her $37,222.90 to equalize a property distribution after he intentionally concealed marital assets during the parties' 1994 divorce. Because we conclude the district court did not follow our mandate on remand, the district court's property distributi... More...

$0 (10-11-2013 - ND)

Shealeen Hillerson v. Bismarck Public Schools and Mandan Parks and Recreation, and Missouri Valley Family Young Men's Christian Association

[¶1] Shealeen Hillerson, as "best friend" to T.D., a minor child, and T.D. appealed from a summary judgment dismissing their negligence lawsuit against the Missouri Valley Family YMCA for injuries T.D. suffered in a near-drowning accident while participating in a YMCA summer program. Because we conclude that the waiver of liability signed by T.D.'s mother is ambiguous, a question of fact exists a... More...

$0 (10-22-2013 - ND)

Spirit Lake Tribe of Indians v. The NCAA

The Spirit Lake Tribe of Indians, by its Committee of Understanding and Respect, and Archie Fool Bear, individually and as representative of more than 1,004 members of the Standing Rock Sioux Tribe â€“ collectively, "the Committeeâ€ â€“ sued the National Collegiate Athletic Association (NCAA) for interfering with the University of North Dakota's use of the Fighting Sioux name, logo,... More...

$0 (05-29-2013 - ND)

Center for Special Needs, etc. v. Carol Olson, etc.

This case addresses the effect of a pooled special-needs trust created by an over-65-year-old beneficiary on his Medicaid benefits. The Center for Special Needs Trust Administration, a section 501(c)(3) non-profit, appeals a summary judgment in favor of the North Dakota Department of Human Services. Invoking 42 U.S.C. Â§ 1983 and the Constitution's Supremacy Clause, Article VI, clause 2, the Cen... More...

$0 (04-16-2012 - ND)

Leah Richard v. Washburn Public Schools

[¶1] Leah Richard appeals from a judgment dismissing her claims for negligent hiring, supervision and retention, and assault and battery against Washburn Public Schools ("the District"). We affirm the district court's dismissal of Richard's claims for negligent hiring and assault and battery, which she does not challenge on appeal. We reverse dismissal of Richard's claims for negligent supervisio... More...

$0 (12-15-2011 - ND)

Wanda Gottus v. Job Service North Dakota

Maring, Justice. [¶1] Wanda Gottus appealed from a district court judgment affirming the decision of Job Service North Dakota denying her unemployment benefits and concluding she was discharged for actions constituting misconduct. We hold Job Service's decision that Gottus was discharged from her job for misconduct is supported by a preponderance of the evidence, and we affirm. I<br... More...

$0 (10-18-2011 - ND)

Dr. Penny M. Wilkie v. United States Department of Health and Human Services

Dr. Penny M. Wilkie filed suit against the United States Department of Health and Human Services ("the Department"), alleging, inter alia, that the Department violated her rights under Title VII of the Civil Rights Act of 1964. Specifically, Dr. Wilkie asserted that the Department violated her rights to (1) be free of sexual harassment and gender discrimination; (2) be free of a hostile work envir... More...

$0 (04-28-2011 - ND)

George A. Ellis v. North Dakota State University

¶1] George A. Ellis appealed from the district court's judgment entered in August 2009 dismissing his complaint with prejudice, and the district court's memorandum opinion and order entered December 2009 denying his motion to modify the prior judgment. On appeal, Ellis argues North Dakota State University ("NDSU")'s staff personnel board did not have subject matter jurisdiction to hear his North ... More...

$0 (06-17-2010 - ND)

Douglas Knutson v. City of Fargo, etc.

Douglas and Linda Knutson appeal from the order of the District Court dismissing without prejudice their 42 U.S.C. Â§ 1983 suit against the City of Fargo, North Dakota. On July 8, 2003, a cast-iron water main belonging to the City broke, flooding the Knutsons' property and damaging their house and yard. In August 2004, they filed suit against the City in state court seeking damages unde... More...

$0 (04-12-2010 - ND)

Minto Grain, L.L.C. v. Mark L. Tibert

[¶1] Mark Tibert, Melvin Tibert, Suzi Tibert, and William "Bill" Tibert ("Tiberts") appealed from a district court judgment entered after a jury verdict in favor of Minto Grain, LLC, William Slominski, and Katherine Slominski (collectively "Minto Grain") and against Tiberts jointly and severally in the amount of $455,000. Judgment against William "Bill" Tibert was limited to $305,000. We conclude... More...

$0 (12-17-2009 - ND)

A. William Lucas v. Riverside Park Condominiums Union Owners Association

[¶1] A. William Lucas appeals from an amended judgment dismissing his action against Riverside Park Condominiums Unit Owners Association under the federal Fair Housing Act and the state Housing Discrimination Act for failing to grant him an accommodation for his disability, and awarding the Association its costs and attorney fees. We conclude the district court did not err in granting summary jud... More...

$0 (12-22-2009 - ND)

Jane Nelson v. First National Bank and Trust

The beneficiaries of the Leonard Nelson Trust, Jane Nelson and Bruce Nelson, as well as the trustee, U.S. Bank National Association, N.D. (US Bank), appeal an adverse grant of summary judgment on their North Dakota breach of fiduciary duty claim against the trust's former trustee, First National Bank and Trust Company of Williston (First National). We affirm the judgment of the district court.2<br... More...

$0 (10-02-2008 - ND)

Gregory Wilhelm v. Credico

Gregory Wilhelm's credit card debt was assigned for collection to Pinnacle Credit Services, LLC ("Pinnacle"), and then to Credico, Inc. ("Credico"). Credico sent Wilhelm a "Notice of Lawsuit" letter threatening to sue unless Wilhelm paid $8,808.20, an amount that included a charge of interest on past due interest, which violates North Dakota law. Wilhelm disputed the debt and demanded verifica... More...

$0 (03-03-2008 - ND)

Roger Hohn v. Stephen Spurgeon

Roger Hohn, a South Dakota resident and the former owner of Sioux Falls Advanced Physical Therapy ("SFAPT" or "the clinic"), appeals from the district court's grant of summary judgment in favor of Dr. Stephen Spurgeon, an Iowa resident and a former Vice President/Medical Director for Wellmark, Inc., and denial of his motion to amend his complaint. The district court had diversity jurisdic... More...

$0 (01-29-2008 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20010241.htm" target="_new">Grey Bear v. N.D. Department of Human Services</a>

[1] Delano Grey Bear and Robert V. Bolinske appeal from a judgment dismissing Grey Bear's claims against the Department of Human Services for intentional infliction of emotional distress and governmental bad faith, and granting summary judgment in favor of the Department on its claim for conversion. We affirm in part, and reverse in part. I [2] Delano Grey Bear was paralyzed from the neck ... More...

$0 (08-30-2002 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20010241.htm" target"_new">Grey Bear v. N.D. Department of Human Services</a>

[1] Delano Grey Bear and Robert V. Bolinske appeal from a judgment dismissing Grey Bear's claims against the Department of Human Services for intentional infliction of emotional distress and governmental bad faith, and granting summary judgment in favor of the Department on its claim for conversion. We affirm in part, and reverse in part. <center>I</center> [2] Delano Grey Bear was p... More...

$20000 (08-30-2002 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20000152.htm" target="_new">Joyce Dahlberg v. Lutheran Social Services of North Dakota, and Mary J. Weiler</a>

[1] Joyce Dahlberg appealed from a summary judgment(1) dismissing her claims against Lutheran Social Services of North Dakota and Mary J. Weiler for breach of contract, retaliatory discharge, and intentional infliction of emotional distress. We hold Lutheran Social Services was not contractually required to follow a progressive discipline policy in terminating Dahlberg's employment; the defendants... More...

$0 (04-17-2001 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20000279.htm" target="_new">Clifton Rodenburg, et al. v. Fargo-Moorhead Young Men's Christian Association, and Patrick Parker</a>

Unknown[1] Clifton and Donna Rodenburg appealed a district court judgment, an order denying their motion for a new trial, and "every other ruling of the court adverse to the plaintiffs." We reverse the judgment dismissing Rodenburgs' action against Patrick Parker. We affirm in all other respects. [2] While in the weight room of the Fargo-Moorhead Young Men's Christian Association ("YMCA") on ... More...

$0 (07-23-2001 - ND)

Karla Paxton v. Theodore and Sandra Wiebe

Wrongful eviction, conversion, and intentional infliction of emotional distress claims by former tenant against landlord. In late-September 1994, Karla Paxton moved from Montana to Beulah, North Dakota. With the assistance of a women's resource center, Paxton rented a mobile home from Theodore and Sandra Wiebe who owned a small trailer court and did not require a deposit or a written lease. Th... More...

$712 (12-24-1996 - ND)