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Sean T. Foss

ND Prohibition against Non-Competition Agreements Prevails Over Choice of Law and Forum Selection Clauses

As most corporate and commercial litigation attorneys in this state already know, North Dakota law provides that a non-competition agreement is void as a matter of law except in a few, limited circumstances. See N.D.C.C. § 9-08-06. Enterprising attorneys have […]

Tatum O’Brien

H.R. 1215- an Anti-Justice Bill Limiting Recovery for those Injured in Healthcare Cases.

Congress has recently taken several bills under consideration related to tort reform. If these bills are passed, they could limit, eliminate, or significantly change individual’s access to the justice. On June 28, 2017, the House is to vote on “Protecting […]

Tatum O’Brien

Expungement under Minnesota and North Dakota Law

In 2015, new expungement laws came into effect under Minnesota law. Under Minn. Stat § 609A.03, an individual with a criminal record can see expungement if he or she petitions the court. The court may expunge misdemeanors and petty misdemeanors […]

Tatum O’Brien

Civil Asset Forfeiture in North Dakota

Can law enforcement take your personal property, sell it, and keep the proceeds? Under current North Dakota law, if law enforcement believes the property was used in a crime, this is legal. Regardless of whether a person is convicted of […]

Tatum O’Brien

Suspicionless Searches of Unsupervised Probationers Unconstitutional in North Dakota

In State v. Ballard, 2016 ND 8, the defendant, Jeremy Ballard was on unsupervised probation as a result of pleading guilty to two misdemeanor drug crimes. A few months later, a deputy sheriff saw Ballard driving a vehicle with two […]

Sean T. Foss

Governor Burgum Should Exercise His Constitutional Right to Threaten a Veto

On February 22, 2017, The Forum published an article on the North Dakota Legislature’s potential elimination of income-tax breaks for new businesses and residents in Renaissance Zones in cities across the state. (“Tax break reform plan could ‘cripple’ downtown Fargo […]

Tatum O’Brien

Marsy’s law: What is it, and what does it mean for North Dakota?

Marsy’s Law is not a law at all, but is actually part of the North Dakota Constitution as of December 8, 2016. North Dakota’s voters approved a new constitutional amendment about victims’ rights called Marsy’s Law. Despite opposition from attorneys, […]

Tatum O’Brien

Medical Marijuana Law in North Dakota

Medical Marijuana Law in North Dakota North Dakota recently joined many other states in approving marijuana for medical use. The ballot measure passed with 64% of the statewide vote, indicating a majority of North Dakotans favor the use of marijuana […]

Tatum O’Brien

Why Carry More Auto Insurance Than the Limits?

In North Dakota, drivers are required to carry a minimum amount of bodily injury liability coverage equal to $25,000 per person/$50,000 per accident, and $25,000 per accident for property damage. Why should you consider carrying more? When a crash is […]

Tatum O’Brien

The Sudden Emergency Doctrine Should Be Eliminated in Motor Vehicle Crash Cases

The sudden emergency doctrine is a doctrine of tort law in which a person who is confronted with a sudden unexpected situation not of his or her making and acts reasonably will not be held liable even if those actions […]