Ash v. Traynor
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| 990330 |
Arthur Ash, Victor Baumgartner,
Simon Bosch, Jack Bullinger,
Berndean Coppin, Claude Hudson,
Emma Loeb, Reuben Magstadt,
William Schell, Esther Schmidt,
Dorothy Sigl, Donald Simenson,
Elaine Speaks, and Anton Weichel, Claimants and Appellees
v.
J. Patrick Traynor, in his
Official Capacity as Executive
Director of the North Dakota
Workers Compensation Bureau,
and the State of North Dakota,
acting through the North Dakota
Workers Compensation Bureau, Appellants
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Benny A. Graff |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
02/2000 Argument: 02/10/2000 01:30pm
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| ND cite: |
2000 ND 75
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| NW cite: |
609 N.W.2d 96
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the statutory prohibition against "seek[ing] or obtain[ing] costs or attorney's fees from both the bureau and the claimant relative to the same legal services" was violated when the claimants' attorney collected a one- third contingent fee
from the claimants and billed the Bureau for the same services.
2. Whether the appellants have failed to exhaust administrative remedies.
Appellee's Statement of the Issues:
I. Whether N.D.C.C., Section 65-02-08 precludes an attorney from accepting a contingency fee from a client, and assigning the hourly fee shifted to the Bureau by a prevailing party, to the benefit of the client.
II. Whether this legal question must be delayed due to the doctrine of exhaustion of administrative remedies.
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| 1 | | 11/03/1999 | |
NOTICE OF APPEAL: 11/01/1999 |
| 2 | | 11/03/1999 | |
This case is consolidated w/990331. Make all docket entries, except disposition, in this case. |
| 3 | | 11/30/1999 | |
RECORD ON APPEAL w/separates 4 (admin roa(1 vol & black binder)) & 66 (addendum admin roa (3 vol)) |
| 4 | | 11/30/1999 | |
6(atb), 11(aeb), 40-43(Mot/brief/etc), 67(atb), 68(aeb))
|
| 5 | | 12/13/1999 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed letter dated 12-13-99 from Lawrence King) |
| 6 | | 12/13/1999 | |
ACTION BY CLERK. granted: 12/17/1999 |
| 7 | | 12/15/1999 | |
Letter from Brent Edison dated 12-14-99 RE: there was not hearing at the administrative level;thus |
| 8 | | 12/15/1999 | |
no trans. to be submitted & p. 147 was forwarded to be inserted into Cert/Record of Workers Comp. |
| 9 | | 12/17/1999 | |
APPELLANT BRIEF |
| 10 | | 12/17/1999 | |
attached addendum to ATB |
| 11 | | 12/17/1999 | |
APPELLANT APPENDIX |
| 12 | | 12/17/1999 | |
DISK - ATB |
| 13 | | 01/14/2000 | |
APPELLEE BRIEF |
| 14 | | 01/14/2000 | |
APPELLEE APPENDIX |
| 15 | | 01/14/2000 | |
DISK - AEB (Quick View Plus) |
| 16 | | 01/14/2000 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 17 | | 01/14/2000 | |
MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF (ND Trial Lawyers Association) |
| 18 | | 01/18/2000 | |
ACTION BY CHIEF JUSTICE. Granted |
| 19 | | 01/18/2000 | |
(granting of Motion does not extend to participation in OA) |
| 20 | | 01/18/2000 | |
AMICUS CURIAE BRIEF (ND Trial Lawyers Association) |
| 21 | | 01/18/2000 | |
DISK - ACB (ND Trial Lawyers) |
| 22 | | 01/24/2000 | |
SITTING WITH THE COURT: Foughty, Donovan John |
| 23 | | 01/28/2000 | |
REPLY BRIEF of Appellant |
| 24 | | 01/28/2000 | |
DISK - RYB |
| 25 | | 02/10/2000 | |
APPEARANCES: Brent J. Edison; Dean J. Haas |
| 26 | | 02/10/2000 | |
ARGUED: Edison; Haas (Vol. W; page 230) |
| 27 | | 04/10/2000 | |
DISPOSITION: AFFIRMED |
| 28 | | 04/10/2000 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 29 | | 04/10/2000 | |
Costs on appeal taxed under Section 65-10-03, NDCC |
| 30 | | 04/10/2000 | |
Order/Judgment Mailed to Parties |
| 31 | | 05/05/2000 | |
MANDATE |
| 32 | | 05/09/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 33 | | 02/28/2007 | |
EXPUNGED - Nonpermanent record items destroyed |