State by Workforce Safety v. JFK Raingutters

20060196 State of North Dakota by
Workforce Safety & Insurance, Plaintiff and Appellee
v.
JFK Raingutters, a Limited
Liability Company, and
Frank Whitecalfe, Individually, Defendants and Appellants

Appeal from: District Court, South Central Judicial District, McLean County
Judge Bruce A. Romanick
Nature of Action: Insurance
Counsel:
Appellant: Disselhorst Law Office
Appellee: Lawrence E. King , Spec. Asst. Atty. Gen.
Term: 11/2006   Argument: 11/15/2006  10:45am
ND cite: 2007 ND 80
NW cite: 733 N.W.2d 248

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Can a duly enrolled member of a federally recognized Indian tribe create jurisdiction by the State of North Dakota over himself, his limited liability corporation, and his actions as an employer on lands held in trust by the United States (hereinafter called "trust lands") for the benefit of the enrolled member's Indian tribe or its members by voluntarily submitting an application for, (or certificate of), worker's compensation insurance to a state agency that provides worker's compensation insurance within the State of North Dakota?
2. Does 40 U.S.C. Section 3172 create an irrebuttable presumption that state laws regarding worker's compensation apply on trust lands within an Indian reservation?
3. Did the District Court commit reversible error by finding that no "material fact" existed which would prevent the issuance of Summary Judgment in this matter?

Appellee's Statement of the Issues:
1. Does a North Dakota trial court have jurisdiction over an action initiated by Workforce Safety and Insurance against a North Dakota LLC and its President?
2. Did the trial court properly grant summary judgment in favor of Workforce Safety and Insurance as there were no issues of material fact in dispute?

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Docket entries:
107/07/2006 NOTICE OF APPEAL: 07/03/2006
207/07/2006 Notice of No Transcript
308/04/2006 RECORD ON APPEAL AND SEPARATE (BRIEF IN SUPPORT OF MOTION, ENTRY NO. 10)
408/15/2006 MOT. EXT/TIME APPELLANT BRIEF
508/15/2006 ACTION BY CLERK. Granted: 09/05/2006
609/06/2006 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
709/06/2006 E-FILED MOTION (Mot/Ext/ATB)
809/06/2006 ACTION BY CHIEF DEPUTY CLERK. Granted: 09/06/2006
909/06/2006 APPELLANT BRIEF (e-filed)
1009/06/2006 E-FILED BRIEF (ATB)
1109/06/2006 APPELLANT APPENDIX (10 copies were filed; 1 copy given to Mr. King on 9-14-06 & 1 copy to
1209/06/2006 Mr. Disselhorst on 9-18-06)
1309/13/2006 Received $25 surcharge for ATB (Receipt #17114)
1409/13/2006 Copies of ATB made
1509/14/2006 Letter from Lawrence King dated 9-14-06 RE: Request for one copy of the ATA
1609/18/2006 Receipt from Ann Bordeaux, dated 9-18-06, stating she picked up one copy of the ATA
1709/26/2006 APPELLEE BRIEF
1809/27/2006 DISK - AEB
1910/13/2006 MOT. EXT/TIME REPLY BRIEF
2010/13/2006 E-FILED MOTION (MRY)
2110/16/2006 ACTION BY CLERK. Granted: 10/18/2006
2211/15/2006 APPEARANCES: Thomas M. Disselhorst; Lawrence E. King
2311/15/2006 ARGUED: Disselhorst; King
2411/15/2006 ORAL ARGUMENT WEBCAST
2506/07/2007 DISPOSITION: AFFIRMED
2606/07/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
2706/07/2007 Costs on appeal taxed in favor of Appellee
2806/08/2007 Judgment e-mailed to Parties
2906/29/2007 MANDATE
3007/05/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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