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Friday, December 9, 2016
Monday at the Court
10:45am Goodall v. Monson
2:45pm Nandan, LLP v. City of Fargo
Waived Nesheim v. Nesheim
Waived Interest of Tanner
Waived Interest of R.F.
New Opinion: Dec. 9
The Supreme Court posted a new opinion on Dec. 9.
Justice Dale Sandstrom Retirement Celebration - The December 7 photos
Justice Sandstrom speaking A retirement celebration was held for Justice Dale Sandstrom on Dec. 7 in the Great Hall of the State Capitol. Gov. Jack Dalrymple, Chief Justice Gerald VandeWalle, Attorney General Wayne Stenehjem and SBAND Executive Director Tony Weiler were among the many on hand to honor Justice Sandstrom for his years of service to North Dakota. Here are the photos.
Appellate practice tip of the week
Seek to persuade, not to show how much you know.
  • Other appellate practice tips
  • Court adopts amendments to search warrant rule
    The Supreme Court has adopted amendments to N.D.R.Crim.P. 41, the rule on search and seizure in criminal cases. The amendments take effect Dec. 15.
  • N.D.R.Crim.P. 41 as amended
  • Administrative Council Dec. 9 agenda
    The agenda for the Dec. 9 meeting of the Administrative Council and the council's Sept. 23 minutes have been posted.
    CLE on deeds held in Bismarck
    Debbie Kroshus, Burleigh County Recorder, answered questions about deeds and more during a presentation on Dec. 8 at the Burleigh County Courthouse. One key topic was the importance of a valid legal description on the deed.
    8th Circuit decides N.D. case
    U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has issued an opinion in a declaratory judgment action on the meaning of a lease between a tenant and a Grand Forks mall.
  • The Gap, Inc. v. G.K. Development Inc.
  • Minn.: Judicial officials celebrate 10th anniversary of Wellness Courts in Cass Lake
    Fargo Forum: "There were countless rounds of applause at the Leech Lake Tribal Justice Center here Thursday, as, one by one, individuals stood and informed a crowd of people the hundreds of days they've stayed sober."
    Iowa court clears way for 'Field of Dreams' baseball complex
    Iowa Great Seal St. Louis Post Dispatch/AP: "An Iowa Supreme Court ruling Friday cleared the way for a baseball complex at the 'Field of Dreams' movie site in Dyersville, as the state's highest court upheld a lower court's decision that the City Council acted properly when it rezoned the property from agricultural to commercial."
  • Opinion Text: Mescher v. Dyersville City Council
  • Job Announcement
    A job announcement for an Assistant State's Attorney for Morton County in Mandan has been posted.

    North Dakota
    Investiture of Judge Jason McCarthy - the December 2 photos
    Judge Jason McCarthy is sworn in Judge Jason McCarthy was formally installed as a judge of the Northeast Central Judicial District in an investiture ceremony on Dec. 2 in Grand Forks. He was appointed by Gov. Jack Dalrymple to replace Judge Debbie Kleven. Here are the photos.
    Administrator sets 2017 judgment interest rate
    The North Dakota State Court Administrator has set the judgment interest rate for 2017 at 6.50 percent. The rate will be applied to all judgments entered in 2017.
    Notice of Judicial Vacancy
    The Judicial Nominating Committee has received a letter from Governor Jack Dalrymple convening the Committee to screen applicants and submit a list of nominees to fill the Northwest Judicial District position open as a result of the retirement of Judge David W. Nelson. Applications are due Dec. 13.
    Lawyer licenses expire December 31
    The State Board of Law Examiners reminds lawyers that 2016 licenses to practice law in North Dakota expire December 31, regardless of when the 2016 license fee was paid. Lawyers should watch their mail for the 2017 billing in the coming weeks and promptly pay the fee.
    Pro hac vice fee payment reminder
    Under Rule 3 of the Admission to Practice Rules, lawyers who continue to appear in 2017 in a North Dakota proceeding in which a motion for pro hac vice admission has already been filed are required to pay a fee of $380 by Jan. 1.
    New Order Nov. 29
    The Supreme Court posted a new discipline order on Nov. 29.
    Court adopts amendments to lawyer discipline rules
    The Supreme Court has adopted amendments to the Rules for Lawyer Discipline. The amendments take effect March 1.
    Mountrail County Justice Center ribbon cutting to be held Jan. 13
    A ribbon cutting ceremony for the new Mountrail County Justice Center will be held at 2 p.m. on Friday, Jan. 13, in Stanley.

    Federal
    U.S.: Kennedy vote seems key to Supreme Court redistricting cases
    ABC News: "Justice Anthony Kennedy appears to hold the decisive vote in two Supreme Court cases involving challenges from African-American voters to electoral districts in North Carolina and Virginia."
    U.S. Supreme Court opinions: Dec. 6
    The United States Supreme Court has issued opinions in a smartphone patent case, an insider trading case and an insurance fraud case stemming from Huricane Katrina.
  • Samsung Electronics Co. v. Apple Inc.
  • Salman v. United States
  • State Farm Fire & Casualty Co. v. United States
  • U.S.: Supreme Court sides with Samsung, against Apple in patent infringement fight
    MPR News: "The Supreme Court has weighed in on a patent battle between Samsung and Apple, siding with Samsung by declaring that the patent infringement for an element of a design should be treated differently from the infringement of an entire design."
    U.S.: Supreme Court hears arguments over pay for collapsed trucking firm's workers
    United States Supreme Court building Wall Street Journal: "The Supreme Court pressed lawyers for a closed New Jersey trucking company to explain why a legal settlement that left workers unpaid didn't violate bankruptcy law's strict repayment rules, which call for certain wages to be paid before other debts."
    8th Circuit to upgrade electronic filing system
    U.S. Court of Appeals for the Eighth Circuit On Monday, Dec. 19, the United States Court of Appeals for the Eighth Circuit will go live on Next Generation CM/ECF, the latest iteration of the national case management and electronic case filing system.

    Minnesota
    Minn. Appeals Court: Wishing a cop dead is not a terroristic threat
    MPR News: "The Minnesota Court of Appeals [Dec. 5] said if someone says he hopes a Minnesota state trooper will be shot, that's not a terroristic threat."
  • Opinion Text: State v. Olson
  • Minn.: State appeals court upholds bedbug decision
    St. Cloud Times: "The Minnesota Court of Appeals on Monday upheld a Benton County judge's decision to reject claims made by renters who sued the St. Cloud Housing and Redevelopment Authority over bedbug treatment."
  • Opinion Text: Rush v. Westwood Village Partnership
  • Minn.: Supreme Court puts brakes on out-of-state auto insurance company that refused to pay
    Minnesota Great Seal MPR News: "The Minnesota Supreme Court [Dec. 7] overturned a state's Court of Appeals decision that had left some people who moved here without auto insurance coverage."
  • Opinion Text: Founders Ins. Co. v. Yates

  • South Dakota

    Montana

    Other States and Jurisdictions
    ABA issues ethics opinion on attorney fees
    The ABA Standing Committee on Ethics and Professional Responsibility has issued ABA Formal Ethics Opinion 475 - Safeguarding Fees That Are Subject to Division With Other Counsel.

    Job Announcements
    Job Announcement
    A job announcement for a Legal Assistant in the Ramsey County State's Attorney's office in Devils Lake has been posted.
    Job Announcement
    A job announcement for a Attorney II (Public Defender) with the N.D. Commission on Legal Counsel for Indigents in Minot has been posted.
    Job Announcement
    A job announcement for a Deputy Solicitor General with the N.D. Office of Attorney General in Bismarck has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Contractor with the N.D. Commission on Legal Counsel for Indigents in Grand Forks has been posted.

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