Trade 'N Post, L.L.C. v. World Duty Free Americas, Inc

20000176 Trade 'N Post, L.L.C., Plaintiff
v.
World Duty Free Americas,
Inc., and Ammex Tax & Duty
Free Shops West, Inc., Defendants

Nature of Action: Certified Question of Law (Civil)
Counsel:
Plaintiff: Lawyer not licensed in N.D.
Defendant: Nilles, Plambeck, Selbo & Harrie, Ltd.
Defendant: Lawyer not licensed in N.D.
Plaintiff: Vogel Law Firm
Defendant: Lawyer not licensed in N.D.
Defendant: Lawyer not licensed in N.D.
Term: 11/2000   Argument: 11/28/2000  1:30pm
ND cite: 2001 ND 116
NW cite: 628 N.W.2d 707


Issues: Appellant's Statement of the Issues:
1) Does a private party have the right to bring an action for money damages for a violation of North Dakota's Unfair Discrimination Law (N.D.C.C.  51-09) under the facts as alleged in Trade `N Post's complaint?
2) Does a private party have the right to bring an action for money damages for a violation of North Dakota's Unfair Trade Practices Law (N.D.C.C.  51-10) under the facts as alleged in Trade `N Post's complaint?
3) Does North Dakota's common law recognize a claim for relief for wrongful interference with business under the facts as alleged in Trade `N Post's complaint?

Appellee's Statement of the Issues:
I. There is no private right of action under the North Dakota Unfair Discrimination Law or the North Dakota Unfair Trade Practices Law A. The Legislature did not intend to provide a private right of action for money damages.
B. Implication of a private right is not consistent with the underlying Legislative scheme of either statute and would improperly intrude upon the express delegation of authority to the Attorney General
C. The Statutes Were Not Enacted For The "Especial" Benefit Of Business Competitors Like Plaintiff
II. North Dakota does not, and should not, recognize a cause of action for wrongful interference with business

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Docket entries:
106/15/2000 CERTIFICATION ORDER FROM US DISTRICT COURT
206/15/2000 PLAINTIFF BRIEF DUE: 07/25/2000
306/15/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
407/25/2000 PLAINTIFF BRIEF (Entitled "Appellant's Brief")
507/25/2000 PLAINTIFF'S APPENDIX
607/25/2000 STIPULATION CONCERNING CONTENTS OF THE RECORD with copies of documents listed attached.
707/26/2000 DISK - PLB
808/08/2000 Additional copy of Plaintiff's Brief and Appendix
908/08/2000 Docket Sheet of U.S. District Court Record (inserted in ATA)
1008/24/2000 DEFENDANT BRIEF (entitled "Appellees' Brief"), with attached Addendum
1108/25/2000 DISK - Defendant's Brief
1208/25/2000 MOTION FOR LEAVE TO APPEAR & AFFIDAVIT IN SUPPORT (Charles Gilman)
1308/25/2000 ACTION BY CLERK (Mot/Leave to Appear--Gilman). Granted
1408/25/2000 MOTION FOR LEAVE TO APPEAR & AFFIDAVIT IN SUPPORT (Kevin J. Burke)
1508/25/2000 ACTION BY CLERK (Mot/Leave to Appear -- Burke). Granted
1608/25/2000 MOTION FOR LEAVE TO APPEAR & AFFIDAVIT IN SUPPORT (S. Penny Windle)
1708/25/2000 ACTION BY CLERK (Mot/Leave to Appear -- Windle). Granted
1810/25/2000 SITTING WITH THE COURT: Rustad, Gerald H.
1911/15/2000 Request for Radio/TV Coverage (Associated Press) (Approved)
2011/27/2000 MOTION FOR ADMISSION PRO HAC VICE (fax copy)
2111/27/2000 ACTION BY CLERK (MOT/pro hac vice). Granted
2211/28/2000 APPEARANCES: W. Todd Haggart, David J. Wallace-Jackson; Charles A. Gilman, S. Penny Windel,
2311/28/2000 Stephen W. Plambeck
2411/28/2000 ARGUED: W. Todd Haggart; Charles A. Gilman (Vol. X; page 85)
2511/28/2000 Motion to Admit Counsel Pro Hac Vice, Aff. of David J. Wallace-Jackson, prop. Order (ORIGINALS)
2606/14/2001 DISPOSITION: CERT. QUEST. ANSWERED
2706/14/2001 UNANIMOUS OPINION: Sandstrom, Dale V.
2806/19/2001 Order/Judgment Mailed to Parties
2907/09/2001 MANDATE
3006/11/2007 EXPUNGED - Nonpermanent record items destroyed

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