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: |
|
| Term: |
11/2000 Argument: 11/28/2000 01:30pm
|
| 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
|
|
 Add Docket 20000176 RSS
|
| 1 | | 06/15/2000 | |
CERTIFICATION ORDER FROM US DISTRICT COURT |
| 2 | | 06/15/2000 | |
PLAINTIFF BRIEF DUE: 07/25/2000 |
| 3 | | 06/15/2000 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 07/25/2000 | |
PLAINTIFF BRIEF (Entitled "Appellant's Brief") |
| 5 | | 07/25/2000 | |
PLAINTIFF'S APPENDIX |
| 6 | | 07/25/2000 | |
STIPULATION CONCERNING CONTENTS OF THE RECORD with copies of documents listed attached. |
| 7 | | 07/26/2000 | |
DISK - PLB |
| 8 | | 08/08/2000 | |
Additional copy of Plaintiff's Brief and Appendix |
| 9 | | 08/08/2000 | |
Docket Sheet of U.S. District Court Record (inserted in ATA) |
| 10 | | 08/24/2000 | |
DEFENDANT BRIEF (entitled "Appellees' Brief"), with attached Addendum |
| 11 | | 08/25/2000 | |
DISK - Defendant's Brief |
| 12 | | 08/25/2000 | |
MOTION FOR LEAVE TO APPEAR & AFFIDAVIT IN SUPPORT (Charles Gilman) |
| 13 | | 08/25/2000 | |
ACTION BY CLERK (Mot/Leave to Appear--Gilman). Granted |
| 14 | | 08/25/2000 | |
MOTION FOR LEAVE TO APPEAR & AFFIDAVIT IN SUPPORT (Kevin J. Burke) |
| 15 | | 08/25/2000 | |
ACTION BY CLERK (Mot/Leave to Appear -- Burke). Granted |
| 16 | | 08/25/2000 | |
MOTION FOR LEAVE TO APPEAR & AFFIDAVIT IN SUPPORT (S. Penny Windle) |
| 17 | | 08/25/2000 | |
ACTION BY CLERK (Mot/Leave to Appear -- Windle). Granted |
| 18 | | 10/25/2000 | |
SITTING WITH THE COURT: Rustad, Gerald H. |
| 19 | | 11/15/2000 | |
Request for Radio/TV Coverage (Associated Press) (Approved) |
| 20 | | 11/27/2000 | |
MOTION FOR ADMISSION PRO HAC VICE (fax copy) |
| 21 | | 11/27/2000 | |
ACTION BY CLERK (MOT/pro hac vice). Granted |
| 22 | | 11/28/2000 | |
APPEARANCES: W. Todd Haggart, David J. Wallace-Jackson; Charles A. Gilman, S. Penny Windel, |
| 23 | | 11/28/2000 | |
Stephen W. Plambeck |
| 24 | | 11/28/2000 | |
ARGUED: W. Todd Haggart; Charles A. Gilman (Vol. X; page 85) |
| 25 | | 11/28/2000 | |
Motion to Admit Counsel Pro Hac Vice, Aff. of David J. Wallace-Jackson, prop. Order (ORIGINALS) |
| 26 | | 06/14/2001 | |
DISPOSITION: CERT. QUEST. ANSWERED |
| 27 | | 06/14/2001 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 28 | | 06/19/2001 | |
Order/Judgment Mailed to Parties |
| 29 | | 07/09/2001 | |
MANDATE |
| 30 | | 06/11/2007 | |
EXPUNGED - Nonpermanent record items destroyed |