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| Case Name Case Number Judge |
Nature of Suit Summary |
|---|---|
| Johnson v. Marciniak, et al. A3-99-153 Chief Judge Rodney S. Webb 11/22/2002 |
360 Other Personal Injury Plaintiff brought suit against his employer for injuries sustained on-the-job. The suit was made possible because of the employer’s failure to obtain workers compensation insurance. Plaintiff and employer entered into a Miller-Shugart agreement, and sought recovery from the employer’s insurance company. The insurance company denied coverage, in part, because of a clause in the employer’s policy that excluded from coverage any obligation under a workers compensation law. The Court held that the workers compensation exclusion applied and Plaintiff was not entitled relief from insurance proceeds. |
| Carriere & Devitt v. Postmaster A3-01-47 Chief Judge Rodney S. Webb 11/21/2002 |
442 Employment Plaintiffs, two postal employees, claim the United States Postal Service and the National Association of Letter Carriers violated their Title VII rights by failing to stop harassment by fellow postal employees. Plaintiffs also assert claims for breach of duty of fair representation, breach of the collective bargaining agreement, civil rights violations, and various state law claims. The Court granted the defendants motions for summary judgment, finding that the plaintiffs claims were either time-barred or lacked merit. |
| Border States Industries v. MobleSource A3-01-114 Chief Judge Rodney S. Webb 10/18/2002 |
190 Other Contract Defendant brought a counterclaim against a California city and its utility company. The Court granted a motion to dismiss, holding that plaintiff failed to establish personal jurisdiction. |
| Dillard v. HHS A2-01-115 Chief Judge Rodney S. Webb 10/15/2002 |
442 Employment Plaintiff, a female physician, brings suit against her employer, the Department of Health and Human Services (HHS), for Title VII violations. HHS moves for summary judgment because Plaintiff rejected the agency’s offer of full relief, and thus failed to exhaust her administrative remedies. The Court denied HHS’s motion as it found the law no longer requires a federal employee to accept an offer of full relief. |
| LLP Mortgage Ltd. v. Vasicek, et al. A2-01-130 Chief Judge Rodney S. Webb 10/8/2002 |
220 Foreclosure Plaintiff is the assignee of a Small Business Administration (SBA) mortgage, and plaintiff based its subject matter jurisdiction on the SBA’s right to sue in federal court. The Court dismissed the case for lack of jurisdiction, holding that the SBA’s statutory right to sue in federal court cannot be assigned. The Court also declined plaintiff’s invitation to assume “equitable jurisdiction.” |
| Haley v. AIG Life Ins. Co. A2-01-49 Chief Judge Rodney S. Webb 9/23/2002 |
110 Insurance Defendant, AIG, cross-claimed against defendant, Conseco, for indemnity based on a clause in a purchase and sale agreement. Conseco claimed it was against public policy to indemnify AIG because the plaintiff’s claim was for fraud. Initially, the court noted that through the purchase and sale agreement Conseco agreed to indemnify AIG for all claims unless such indemnification was against public policy. The court went on to find that only Conseco could legitimately be accused of fraud and therefore public policy did not prevent indemnification. |
| Roy Lindholm v. Grant Shaft A2-01-117 Chief Judge Rodney S. Webb 8/26/2002 |
360 Other Personal Injury Plaintiff alleged that Defendants' failure to institute foreclosure proceedings against Defendant constituted a constitutional violation, abuse of process, fraud, and third-party malpractice-negligence. Both Plaintiff and Defendant moved for summary judgment. The Court granted summary judgment in favor of Defendants, finding Plaintiff's claims frivolous and unsupported by both fact and law. Also, the Court denied Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction as it found Defendants' reliance on the Rooker-Feldman doctrine was misplaced. |
| Falcon for Import v. North Central Commodities A2-01-138 Chief Judge Rodney S. Webb 8/1/2002 |
190 Other Contract Enforcing a mandatory arbitration agreement between third-party plaintiff and third-party defendant, the Court granted a motion to dismiss the third-party complaint. |
| Kuster v. USDA A2-01-46 Chief Judge Rodney S. Webb 8/1/2002 |
110 Insurance Plaintiffs purchased or attempted to purchase a crop revenue coverage insurance policy for their durum wheat during the 2001 crop year. In February 2001, defendant Risk Management Agency determined that it could not establish a viable base under the terms of the policy, and it ordered that no further policies could be sold. Plaintiffs challenged the action of the government, contending that it was arbitrary and capricious and violated their due process rights. The Court granted defendants’ motion for summary judgment, holding that the government’s action conformed to the language of the policy. |
| Marilyn Nudell, et al. v. Burlington Northern A3-01-41 Chief Judge Rodney S. Webb 7/11/2002 |
290 All Other Real Property Plaintiffs alleged defendant Burlington Northern exceeded the scope of its rights when it allowed defendant Sprint to lay fiber-optic cable under the railway rights-of-way running across plaintiffs’ land. They then sought to certify a class of all landowners in the Eighth and Tenth Circuits who own affected land. The Court denied the motion for certification, finding that the prerequisites of Rule 23 were not met. |
| USA v. Wimbledon Grain Company, et al. A3-02-46 Chief Judge Rodney S. Webb 7/10/2002 |
890 Other Statutory Actions The United States of America, plaintiff and interpleader, moved to partially distribute the liquidated proceeds of grain found at the warehouse facilities of defendant Wimbledon Grain Company. The Court granted this motion. |
| Anderson v. USDE A3-01-101 Chief Judge Rodney S. Webb 6/25/2002 |
442 Employment Defendant moved for summary judgment in two cases, arguing each was barred by res judicata, as they covered incidents which occurred before plaintiff filed a 1999 lawsuit in this Court. The Court agreed and dismissed the cases. |
| Anderson v. USDE A3-01-21 Chief Judge Rodney S. Webb 6/25/2002 |
442 Employment Defendant moved for summary judgment in two cases, arguing each was barred by res judicata, as they covered incidents which occurred before plaintiff filed a 1999 lawsuit in this Court. The Court agreed and dismissed the cases. |
| USA v. Lyle Noorlun C3-01-15 Chief Judge Rodney S. Webb 6/20/2002 |
000 No Nature of Suit Code Used The government sought to introduce into evidence the grand jury testimony of the deceased alleged victim in this case, as well as the notes of investigators who had interviewed her, under the residual exception to the hearsay rule. The Court held that the statements at issue did not contain the necessary indicia of reliability for admission over hearsay and Confrontation Clause objections. |
| USA v. Big H. Sales, et al. A2-01-127 Chief Judge Rodney S. Webb 6/14/2002 |
890 Other Statutory Actions The government, along with several named creditors, sued plaintiff, alleging that it could pierce the corporate veil of a corporation defendant and her ex-husband controlled, and thereby recover assets, which allegedly belonged to the corporation, transferred to defendant by her ex-husband as part of a divorce proceeding. The ex-husband had previously been adjudged guilty of several counts of fraud against the plaintiffs, and a large restitution judgment is outstanding. Both sides moved for summary judgment, and the Court denied both motions, holding that fact questions presented summary judgment but that, if plaintiffs proved their case, the assets at issue are subject to recovery. |
| Stahl, et al. v. USDA A3-01-85 Chief Judge Rodney S. Webb 5/20/2002 |
891 Agricultural Acts In the late 1980's and early 1990's, plaintiffs entered into Shared Appreciation Agreements (SAA’s) with defendant United States Department of Agriculture. The SAA’s provided that, in consideration for USDA writing down plaintiffs’ loans to the value of the land securing the loan less collection costs, USDA would recapture some percentage of the increase in the value of the land. Plaintiffs challenged USDA’s determination that recapture was due at the end of the ten-year period specified in the SAA’s and its method calculating the amount due. The Court granted defendant’s motion to dismiss, concluding USDA’s position properly reflected the SAA’s and the statutes authorizing them. |
| FarmPro Services v. William Brown A2-02-02 Chief Judge Rodney S. Webb 4/22/2002 |
422 Appeal 28 USC 158 Two adversary proceedings were commenced in a Chapter 12 bankruptcy case to determine who, as between the debtors and two competing creditors, had the right to crop disaster relief payments received by the debtors pursuant to legislation adopted pre-petition and relating to crop losses occurring pre-petition. In a consolidated decision, the United States Bankruptcy Court for the District of North Dakota, determined that: (1) although the payments were not “property of the estate,” they were “proceeds” of the pre-petition crops and thus included in the bankruptcy estate; and (2) as between the competing creditors, the creditor who was the first to file had the superior interest. The debtors and the non-prevailing creditor appealed this decision. The Court affirmed the decision of the bankruptcy court. |
| Bauer, et al. v. Gylten A3-00-161 Chief Judge Rodney S. Webb 4/22/2002 |
791 Empl. Ret. Inc. Security Act In this ERISA subrogation action, the Court earlier ruled that the ERISA plan could recover from monies its insured received from a third-party tortfeasor. After reconsidering its ruling in light of the intervening Supreme Court decision Great-West v. Knudson, the Court allowed the ERISA plan to seek equitable remedies and essentially reaffirmed its earlier ruling. |
| Burlington Northern v. Dakota Valley Mills A3-00-145 Chief Judge Rodney S. Webb 3/27/2002 |
190 Other Contract Plaintiff sued defendant for breach of contract, alleging that contract obligated defendant to make all its flour shipments under the contract and that defendant had not done so. The Court held the shipping contract between the parties was ambiguous, thus requiring trial, but held the liquidated damages clause was valid, assuming plaintiff proved breach. |
| Rachel Dietz v. Kautzman A3-02-23 Chief Judge Rodney S. Webb 3/27/2002 |
190 Other Contract Defendants removed case to this court from North Dakota state courts. On a motion to remand, the Court held that defendants had not shown diversity jurisdiction for purposes of removal. |
| RDO Foods v. United Brands A2-01-88 Chief Judge Rodney S. Webb 3/19/2002 |
190 Other Contract Plaintiff, a North Dakota corporation, sued an Idaho corporation and two Idaho residents, alleging, inter alia, fraud and breach of contract. Defendants, alleging breach of contract and several tort-based claims, interposed several counterclaims. One individual defendant moved to dismiss for lack of personal jurisdiction. The Court denied this motion. Plaintiffs sought to dismiss all counterclaims interposed by defendants. The Court granted in part and denied in part plaintiff’s motion, dismissing counterclaims for interference with prospective business advantage, fraud, and civil conspiracy. |
| Gerald Fish v. Ronald Ristvedt A3-01-32 Chief Judge Rodney S. Webb 3/19/2002 |
442 Employment Plaintiff sued defendants, two individuals, alleging violations of the Americans with Disabilities Act (ADA), North Dakota Human Rights Act, and several other federal civil rights statutes. The Court granted summary judgment for defendant with respect to the federal civil rights statutes. The Court also dismissed the ADA claim and held: (1) the ADA does not allow individual liability; and (2) the plaintiff failed to establish the numerosity of employees requirement for ADA liability. |
| Dakotas & Western v. All County Electrical A3-01-110 Chief Judge Rodney S. Webb 2/25/2002 |
791 Empl. Ret. Inc. Security Act Plaintiff, a multi-employer pension plan administered in Fargo, North Dakota, brought suit against a private business corporation located in Waterloo, Iowa. Defendant moved to dismiss for improper venue or for lack of personal jurisdiction, or, alternatively, to transfer venue to the Northern District of Iowa. The Court concluded that jurisdiction and venue were proper and held that transfer was not warranted. Defendant’s motion was therefore denied in its entirety. |
| Border States v. MobleSource A3-01-114 Chief Judge Rodney S. Webb 2/4/2002 |
190 Other Contract Plaintiff, a North Dakota corporation, sued defendant, a Canadian company, for various claims arising from failed business relationship. Defendant moved to dismiss or transfer on the basis of personal jurisdiction. The Court held that defendant’s cultivation of relationship with plaintiff and routing of business through North Dakota constituted minimum contacts required for personal jurisdiction. |
| Arden Haley v. AIG Life Ins. Co. A2-01-49 Chief Judge Rodney S. Webb 1/24/2002 |
110 Insurance Plaintiff sued defendants in contract and tort, alleging breach of contract and bad faith denial of an insurance claim and various fraud theories relating to a long-term care policy. The Court granted defendants’ motion to dismiss the contract claims, holding that the contract’s terms, with which plaintiff did not comply, remained in effect despite changes to the law. The Court denied dismissal of the fraud claims but denied plaintiff’s theory that defendants had a duty to inform her of changes in the law. |
| Bladholm v. Central States A3-01-113 Chief Judge Rodney S. Webb 1/24/2002 |
791 Empl. Ret. Inc. Security Act Plaintiff sought declaration challenging amount defendant claimed it was owed pursuant to Multiemployer Pension Plan Amendments Act of Employment Retirement Income Security Act. Defendant sought to dismiss on the grounds that plaintiff had not complied with arbitration requirements of statute. The Court held defendant’s position correct and granted the motion to dismiss. |
| Progressive Northwestern v. Cheryl Nielsen A3-01-91 Chief Judge Rodney S. Webb 1/8/2002 |
110 Insurance Insurance company sought a declaration that it could not be liable on the policy for an accident between daughter of the insured and a third party. The third party had already commended suit against the insured and her daughter in tribal court and argued tribal court was the proper venue for this claim as well. The Court held that it would stay any rulings on case pending exhaustion of tribal remedies. |
| USA v. Duane Huber, et al. C3-00-76 Chief Judge Rodney S. Webb 1/3/2002 |
000 No Nature of Suit Code Used Defendants sought to dismiss several counts of the Second Superseding Indictment. The Court denied the motion. |
| Jean Enderle v. Dale Trautman, et al. A3-01-22 Chief Judge Rodney S. Webb 12/3/2001 |
360 Other Personal Injury Parishioner and her husband sued pastor, their church, and the church’s synod, for injuries she sustained as a result of the parishioner’s sexual relations with the pastor whom she sought for counseling. The Court held that: (1) no implied private right of action existed for the plaintiffs’ claim for sexual exploitation pursuant to North Dakota’s criminal exploitation statute; (2) the statute of limitations did not bar plaintiffs’ claims; (3) the First Amendment did not bar recovery for the breach of fiduciary duty or the negligent supervision/retention claims; (4) defendants failed to establish, as a matter of law, that summary judgment should be granted with respect to the breach of fiduciary duty, negligent supervision/retention, and vicarious liability claims. |
| GBT Partnership v. City of Fargo A3-00-50 Chief Judge Rodney S. Webb 11/27/2001 |
210 Land Condemnation Plaintiff brought suit against the City of Fargo for a violation of 42 U.S.C. § 1983, contending that Fargo’s actions constituted a taking without just compensation. Plaintiff also alleged a denial of substantive and procedural due process and a denial of equal protection. The Court dismissed the case, holding that plaintiff had neither pursued available state remedies for the taking, nor received a final decision from the local government entity. |
| Sharon Joelson v. Dept of VA A3-99-135 Chief Judge Rodney S. Webb 10/24/2001 |
442 Employment Plaintiff, a former VA nurse, sued the VA for discrimination under the Rehabilitation Act. The Court granted the VA’s motion for summary judgment, holding that plaintiff had not demonstrated she was capable of performing the essential functions of the job at issue, with or without reasonable accommodation, and that the VA had no duty to transfer plaintiff to positions she requested. |
| USA v. Daniel Lykken C3-99-77 Chief Judge Rodney S. Webb 10/22/2001 |
000 No Nature of Suit Code Used While still incarcerated, defendant challenged conditions of supervised release requiring alcohol testing and allowing probation officer to suggest treatment. The Court held the conditions were permissible and denied the challenge. |
| Peter Hombach, et al. v. BioDigestor A2-01-17 Chief Judge Rodney S. Webb 10/15/2001 |
190 Other Contract Intervenor moved for summary judgment against third-party plaintiff to recover on a personal guarantee securing a promissory note. The third-party plaintiff in turn moved against several others for contribution. The Court held that the guarantor was liable on the note, and he could not recover contribution until he paid more than his pro rate share of the obligation. |
| William Meloy v. Bachmeier A1-99-15 Chief Judge Rodney S. Webb 9/7/2001 |
360 Other Personal Injury Plaintiff sued prison medical director and doctor for deliberate indifference to medical needs under 42 U.S.C. § 1983. Defendant medical director moved for summary judgment on the merits and for qualified immunity; the Court denied the motion. |
| C. Stahl v. USDA A3-01-85 Chief Judge Rodney S. Webb 8/22/2001 |
891 Agricultural Acts Plaintiffs moved to enjoin the United States Department of Agriculture from collecting amounts allegedly due under Shared Appreciation Agreements. The Court, concluding plaintiffs had shown neither a likelihood of success on the merits nor irreparable harm, denied the injunction. |
| United Power Association v. FEMA A2-99-180 Chief Judge Rodney S. Webb 8/14/2001 |
890 Other Statutory Actions The Court held that sovereign immunity does not bar jurisdiction of plaintiff’s claim, and plaintiff was not required to exhaust alleged available administrative remedies for its equal protection claim. Accordingly, defendants' motion to dismiss was DENIED. Defendant’s motion to strike plaintiff’s jury trial demand was GRANTED. |
| USA v. Lyle Noorlun C3-01-15 Chief Judge Rodney S. Webb 8/7/2001 |
000 No Nature of Suit Code Used Defendant moved to dismiss Indictment on the grounds that it failed to allege materiality, a necessary element of fraud, and sought to transfer venue on the grounds of pretrial publicity. The Court held the Indictment sufficient and denied transfer because defendant cannot show presumed prejudice. |
| Gail Brookins, et al. v. Intl Motor Contest A3-01-29 Chief Judge Rodney S. Webb 7/27/2001 |
360 Other Personal Injury Defendant sought to transfer venue to the Northern District of Iowa. Finding the test for transfer not met, the Court denied the motion. |
| Bonnie Jensen v. U.S. Postmaster A3-00-163 Chief Judge Rodney S. Webb 6/26/2001 |
442 Employment Former employee sued the United States Postal Service and number of coworkers and supervisors, alleging violation of Title VII and several common law theories of recovery. The Court granted summary judgment, holding that plaintiff failed to exhaust her administrative remedies and the common law claims were preempted by Title VII. |
| Dale Reimers v. Farm Credit Svcs A3-00-168 Chief Judge Rodney S. Webb 6/22/2001 |
110 Insurance Upon consideration of defendant Great American’s Fed. R. Civ. P. 12(b)(6) motion to dismiss, the Court sua sponte examined whether the case had been properly removed to federal court. Plaintiffs had filed the case in state district court alleging five state law causes of action. Defendants removed the case relying solely on the complete preemption doctrine as the basis for federal jurisdiction. The Court held that the Federal Crop Insurance Act and its regulations lacked the extraordinary force necessary for application of the complete preemption doctrine. Finding no other basis for jurisdiction, the case was remanded to District Court, for Stutsman County, State of North Dakota. |
| ND Attorney General v. USEPA A3-00-109 Chief Judge Rodney S. Webb 6/20/2001 |
893 Environmental Matters Plaintiffs sued the EPA as parens patriae for the people of the state of North Dakota, alleging federal regulations violated the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The Court dismissed the complaint, holding that plaintiffs lacked standing to proceed as parens patria. |
| Superpumper v. Nerland Oil. A3-01-05 Chief Judge Rodney S. Webb 6/13/2001 |
422 Appeal 28 USC 158 The Honorable William A. Hill, United States Bankruptcy Judge, entered summary judgment in favor of the United States and against Superpumper. On appeal, the Court affirms the bankruptcy judge and holds Superpumper cannot exercise its state law right of setoff because it is inferior to United States tax liens. |
| Alan Gaetz v. Clear Channel A3-00-141 Chief Judge Rodney S. Webb 6/6/2001 |
440 Other Civil Rights Plaintiff sued defendant, alleging violations of the Americans with Disabilities Act, North Dakota Human Rights Act, and several torts. The Court granted summary judgment for defendant. |
| Bernard Anderson v. U.S. Dept. of Energy A3-99-103 Chief Judge Rodney S. Webb 5/30/2001 |
442 Employment Following jury verdict finding liability but no damages, defendant sought judgment as a matter of law, and plaintiff sought fees and costs and equitable relief. The Court denied defendant's motion and awarded plaintiff backpay but no fees or costs. |
| Paracelsus Healthcare v. Philips Electronics A3-00-171 Chief Judge Rodney S. Webb 5/7/2001 |
195 Contract Product Liability Defendant moved for dismissal, claiming the North Dakota Products Liability Act required dismissal for it as a nonmanufacturing seller. The Court agreed and granted the motion as it related to plaintiff's negligence claim, but denied the motion as to the U.C.C. and contract claims, which it held were not covered by the Products Liability Act. |
| Red River Zoological v. Generali A3-01-20 Chief Judge Rodney S. Webb 4/12/2001 |
110 Insurance Defendant removed this case from the state courts of North Dakota. Plaintiff sought remand. The Court denied the motion, holding that the amount in controversy exceeded $75,000 when costs, fees, and punitive damages were considered. |
| USA v. Keane Vallie C4-01-03 Chief Judge Rodney S. Webb 4/12/2001 |
000 No Nature of Suit Code Used A jury found defendant guilty of sexual abuse and incest. The Magistrate released defendant pending sentencing after concluding that he was not a flight risk or a danger to any person or the community. The United States sought review of the Magistrate's order. The Court granted the United States' motion to detain defendant pending sentencing. The Court found that 18 U.S.C. § 3143(a)(2) as amended by the Mandatory Detention for Offenders Convicted of Serious Crimes Act required that defendant be detained. Court further found that there were no exceptional reasons making defendant's detention inappropriate pursuant to 18 U.S.C. § 3145(c). |
| Drayton Enterprises v. Myron Dunker, et al. A3-00-159 Chief Judge Rodney S. Webb 3/30/2001 |
190 Other Contract Defendants moved to dismiss, arguing Court lacked personal jurisdiction over them, venue in North Dakota was improper, and an arbitration agreement required arbitration. The Court concluded it lacked personal jurisdiction and ordered the case transferred to the Western District of Oklahoma. |
| Vincent Lucero v. USA A1-01-33 Chief Judge Rodney S. Webb 3/27/2001 |
510 Motions to Vacate Sentence Petitioner sought § 2255 review of his guilty plea and sentence. The Court denied the petition, holding that petitioner had validly waived habeas corpus rights and none of his complaints brought into question the voluntariness of that waiver. |
| Olander v. State Farm Mutual A1-99-112 Chief Judge Rodney S. Webb 3/26/2001 |
110 Insurance Court considers prevailing parties' motion to tax costs pursuant to Federal Rule of Civil Procedure 54(d) and sections 1920 and 1821 of Title 28, United States Code. Court disregards losing party's claim of extreme hardship as unsubstantiated. Court allows partial costs for court reporter fees but disallows expenses for videotaping depositions. Court awards expert witness fees, expenses and allowances but limits the non-court appointed expert witness fee to the statutory $40.00 per day attendance fee. |
| Manuel de Llano v. Berglund, et al. A3-97-133 Chief Judge Rodney S. Webb 3/19/2001 |
440 Other Civil Rights Plaintiff sued defendants alleging violation of due process and First Amendment rights. Defendants moved for summary judgment. The Court granted the motion, holding that plaintiff was not entitled to substantive due process, had received procedural due process, and had not met threshold requirements for First Amendment claim. |
| Patrick Wachter, et al. v. Sec. of Army A1-00-72 Chief Judge Rodney S. Webb 3/14/2001 |
890 Other Statutory Actions Court denies defendants' motion for judgment on the pleadings based on sovereign immunity. Instead, Court allows plaintiffs to amend their complaint to assert jurisdiction and wavier of sovereign immunity pursuant to the Administrative Procedure Act, 5 U.S.C. § 701, et. seq. |
| Thomas Newman v. Terrence Holter, et al. A3-00-143 Chief Judge Rodney S. Webb 3/14/2001 |
440 Other Civil Rights Plaintiff sued several Minnesota judges and a Minnesota prosecutor, alleging deprivation of civil rights. the Court dismissed the suit, concluding a variety of defenses prevented the suit's prosecution in this Court. |
| USA v. Clifford Monteith C2-00-24 Chief Judge Rodney S. Webb 3/12/2001 |
000 No Nature of Suit Code Used Court denies defendant's motion to withdraw his guilty plea which was entered pursuant to a Federal Rule of Criminal Procedure 11(e)(1)(B) plea agreement. |
| Brookins v. Wissota Promoters A3-00-06 Chief Judge Rodney S. Webb 2/15/2001 |
360 Other Personal Injury Plaintiffs' motion for costs pursuant to Federal Rule of Civil Procedure 54(d) and 28 U.S.C. § 1920 is GRANTED IN PART AND DENIED IN PART. Court considers four categories of requested costs, including: tax transcript; expert witness fees and allowances; depositions transcript copies; and attorney travel. The Court awards costs for the tax transcript and deposition transcript copies, reduces the request for expert witness fees and allowances, and denies costs for attorney travel. |
| USA v. Joseph Haff C1-00-75 Chief Judge Rodney S. Webb 1/24/2001 |
000 No Nature of Suit Code Used Defendant moved this Court to recuse itself under 28 U.S.C. § 455 or, in the alternative, for disqualification under 28 U.S.C. § 144. The Court denied the motion, finding the standards required for recusal not met in either case. |
| Wisnewski, et al. v. Champion A3-96-72 Chief Judge Rodney S. Webb 1/16/2001 |
710 Fair Labor Standards Act Court denies motions for costs under Federal Rule of Civil Procedure 54(d) and awards attorneys' fees and other expenses pursuant to 29 U.S.C. § 216(b). |
| USA v. Scott Jenson C3-93-59 Chief Judge Rodney S. Webb 1/12/2001 |
000 No Nature of Suit Code Used Prisoner filed motion for relief from judgment. The Court, after construing the motion as one for habeas corpus under § 2255, concluded prisoner was not entitled to relief. |
| Bernard Anderson v. USDA A3-99-103 Chief Judge Rodney S. Webb 1/10/2001 |
442 Employment Defendant moved for summary judgment on plaintiff's various employment discrimination claims. The Court granted summary judgment as to plaintiff's ADA claims, concluding he had not met his burden of establishing a prima facie case of discrimination. The Court denied summary judgment as to plaintiff's retaliation claim. |
| Drayton Enterprises v. Myron Dunker, et al. A3-00-159 Chief Judge Rodney S. Webb 1/9/2001 |
190 Other Contract Plaintiff moved for preliminary injunction. The Court denied the motion, concluding that plaintiff had not met its burden under Dataphase. |
| EEOC v. Fargo Assembly Co. A3-99-27 Chief Judge Rodney S. Webb 12/28/2000 |
442 Employment Both plaintiff and defendant filed motions in limine seeking to exclude evidence in advance of trial. The Court denied all the motions, declining to reject evidence in advance without the context of trial. |
| Matrix Properties v. TAG Investments A3-00-167 Chief Judge Rodney S. Webb 12/21/2000 |
190 Other Contract Defendant removed action to this court from North Dakota state court. Plaintiff moved for summary remand to the North Dakota courts. The Court granted summary remand, finding that there was no basis for removal and that removal was barred by the Rooker-Feldman doctrine. |
| Steve Jorgenson, et al. v. Agway, Inc. A3-00-59 Chief Judge Rodney S. Webb 11/1/2000 |
190 Other Contract Defendant moved to dismiss plaintiffs' consumer fraud claims, arguing plaintiffs were not "consumers" for purposes of the North Dakota Consumer Fraud Act. Plaintiffs resisted the motion. Finding no North Dakota precedent, the Court certified the question to the North Dakota Supreme Court. |
| Stutsman County State Bank v. Equifax Card Svcs A3-00-46 Chief Judge Rodney S. Webb 9/22/2000 |
190 Other Contract Defendant's motion to stay or alternatively dismiss pending arbitration was DENIED by the Court. The Court held that dispute between the parties did not come within the scope of the parties mandatory arbitration agreement. |
| United Power Association v. FEMA A2-99-180 Chief Judge Rodney S. Webb 9/13/2000 |
890 Other Statutory Actions The Court held that defendants' (FEMA) decision to deny assistance to plaintiff was an exercise of a "discretionary function" within section 5148 of Title 42 of the United States Code. Accordingly, defendants' motion to dismiss for lack of subject matter jurisdiction was GRANTED. Defendants' motion to dismiss plaintiff's equal protection claim for failure to state a claim was DENIED. |
| USA v. John Ault C2-99-56 Chief Judge Rodney S. Webb 9/1/2000 |
000 No Nature of Suit Code Used Petitioner sought relief pursuant to 28 U.S.C. § 2255 arguing that his plea of guilty was rendered involuntary because his counsel ineffectively advised him of the nature of the charges against him. The Court denied the motion holding that petitioner had failed to establish ineffective assistance of counsel under the Strickland standard. |
| Eric Chalenor, et al. v. UND A2-99-170 Chief Judge Rodney S. Webb 8/23/2000 |
440 Other Civil Rights Plaintiffs alleged that the University of North Dakota violated Title IX by eliminating its male varsity wrestling program. Court granted defendant's motion for summary judgment holding that a university does not violate Title IX by eliminating male athletic programs as long as men's participation in athletics continues to be substantially proportionate to their enrollment in the university. |
| Parrish Lusby v. Burlington Northern A3-00-47 Chief Judge Rodney S. Webb 8/21/2000 |
330 Federal Employers Liability Defendant moved to dismiss plaintiff's FELA suit, asserting that a release executed by plaintiff barred suit unless plaintiff rescinded the release by tendering back the benefits received thereunder. Plaintiff resisted the motion. Court denies the motion on the grounds that tender back is not a prerequisite to rescinding a release and pursuing a FELA action. |
| Daniel Lykken v. USA A3-00-95 Chief Judge Rodney S. Webb 8/21/2000 |
510 Motions to Vacate Sentence Plaintiff moved to vacate or correct a criminal sentence imposed by the Court, arguing that he had ineffective assistance of counsel which failed prevent the Court from miscalculating the sentencing guideline. Court denies the motion, holding that plaintiff had effective assistance of counsel and rejecting claimed mistake in guideline calculation. |
| Donald Matson, et al. v. J.C. Penney Life Ins. A3-00-27 Chief Judge Rodney S. Webb 8/15/2000 |
110 Insurance At issue is the effect of North Dakota Century Code § 26.1-36-04[(2)(h) on an exclusion in an accidental death insurance policy, issued by defendant and under which plaintiffs are beneficiaries, excluding loss resulting from intoxication. Each side moved for summary judgment. Court grants defendant's motion, finding the statute permitted the exclusion at issue. |
| Cheryl Westfall v. City of Grand Forks A2-99-2 Chief Judge Rodney S. Webb 8/2/2000 |
442 Employment In an employment conflict between plaintiff and defendants, the Court grants in part and denies in part defendants' motion for summary judgment. Plaintiff's first amendment claim, conspiracy claim, and procedural and substantive due process claims, as they relate to a potential promotion are dismissed. Court grants absolute and qualified immunity to all of the individually named defendants. Defendants' motion for summary judgment is denied in all other respects, including municipal liability. Court leaves for trial plaintiff's equal protection claim, breach of contract claim, and procedural and substantive due process claims as they relate to her demotion. |
| Dickie v. Shockman, et al. A3-98-137 Chief Judge Rodney S. Webb 7/17/2000 |
360 Other Personal Injury Defendants in negligence and products liability action filed numerous motions in limine seeking to exclude expert testimony from trial. Defendants also sought summary judgment in their favor. Court denied the motions to exclude concluding that the proffered expert testimony was relevant and reliable under Daubert and its progeny. As for the summary judgment motions, Court held that material issues of fact existed precluding summary judgment. |
| Direct Marketing v. Swanson Health Products A3-00-09 Chief Judge Rodney S. Webb 6/21/2000 |
370 Other Fraud Plaintiffs alleged claims for, inter alia, breach of certain oral contracts and unjust enrichment. Defendants responded with a motion to dismiss, arguing the former claims are barred by North Dakota's statute of frauds, and the latter must be dismissed for failure to state a claim. Court denies the motion, holding that defendants have not established beyond doubt that plaintiffs can prove no set of facts which would entitle them to relief. |
| Community 1st Natl Bank v. Phoenix Life Ins. A3-99-175 Chief Judge Rodney S. Webb 6/7/2000 |
440 Other Civil Rights Disability discrimination action is brought pursuant to Title III of the Americans with Disabilities Act (ADA) and the North Dakota Human Rights Act (NDHRA). Court granted motion to dismiss for failure to state a claim. The court concludes the facts alleged did not state a claim under the ADA or NDHRA. |
| Larry's Lumber v. Holmes & Narver A2-99-165 Chief Judge Rodney S. Webb 5/24/2000 |
130 Miller Act Motion to dismiss, or alternatively, stay pending arbitration by defendant Holmes & Narver Constructors, Inc. Motion to dismiss is denied, but the alternative motion to stay is granted. The court finds the proper course is to stay the matter to abide arbitration. |
| Spolum v. Clark Equipment A3-98-95 Chief Judge Rodney S. Webb 4/21/2000 |
190 Other Contract Breach of contract and fraud case arising out of defendants' decision to exclude Spolum from a November, 1992 "mega-grant" of 633,000 stock options and Stock Appreciations Rights (SARs) to senior Clark officers. Motion for summary judgment denied. Fact questions remain as to the meaning of the disputed contract provision, as well as defendants' duty to disclose the mega-grant during severance negotiations with plaintiff. |
| Hendrickson v. Griggs County A3-99-36 Chief Judge Rodney S. Webb 4/18/2000 |
440 Other Civil Rights Plaintiff brought suit pursuant to 42 U.S.C. § 1983 against the defendants in their official and individual capacities claiming that he had been denied property and liberty interests without due process of law and that his First Amendment rights had been violated. Additionally, plaintiff alleged several violations of the North Dakota Century Code and presented a claim for emotional distress. The Court granted defendants' motion for summary judgment on plaintiff's section 1983 actions and declined to exercise supplemental jurisdiction over plaintiff's state law claims. |
| Ault v. USA C2-99-56 Chief Judge Rodney S. Webb 4/6/2000 |
000 No Nature of Suit Code Used Petitioner sought relief pursuant to 28 U.S.C. § 2255 which allows a prisoner to move the sentencing court for a correction of sentence. The Court denied the § 2255 motion since petitioner had unequivocally waived all rights to such relief in her plea agreement with the United States. |
| Brookins v. Wissota Promotors A3-00-06 Chief Judge Rodney S. Webb 3/21/2000 |
360 Other Personal Injury Plaintiff sought a preliminary injunction to enjoin the defendants from enforcing certain recently adopted rule clarifications for "modified" stock car racing and mandating that defendants allow Wissota racers, who wish to, the ability to use plaintiffs' transmission products. Holding that the Dataphase factors did not support the issuance of a preliminary injunction, the Court denied the motion. |
| Farok v. Elaine Little, et al. A3-99-158 Chief Judge Rodney S. Webb 2/2/2000 |
530 General Petitioner, a resident alien, sought writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that his plea of guilty in state court to a controlled substance crime was not knowing and voluntary since he had not been informed that he would be deported as an aggravated felon. Court held that the petition conclusively showed petitioner was not entitled to relief since deportation is a collateral consequence of a guilty plea that does not need to be explained to ensure the voluntariness of a plea. Moreover, petitioner was actually informed that he may be deported. Petition denied. |
| Tamara Berg v. Tim Schuetzle, et al. A3-99-162 Chief Judge Rodney S. Webb 2/1/2000 |
510 Motions to Vacate Sentence Petitioner filed for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Court held that petition was not properly before the court. Nevertheless the court examined the substance of the petition and held that Petitioner's ineffective assistance of counsel claim was unwarranted since her criminal history category was correctly determined in her Presentence Investigation Report, and she was not entitled to credit for time she spent in state custody. |
| Institute of Diagnostic Imaging v. DR Systems A3-99-100 Chief Judge Rodney S. Webb 1/24/2000 |
190 Other Contract Defendant moved to dismiss claim based on lack of personal jurisdiction. Court held that defendant did not have sufficient minimum contacts with the forum to justify the exercise of personal jurisdiction over it. The activities of the defendant did not support a conclusion that DR Systems "purposefully availed itself of the privilege of conducting activities" within North Dakota. Motion was taken under advisement, however, pending plaintiff's determination of whether case should be dismissed or transferred pursuant to 28 U.S.C. § 1631. |
| Karen Hitchcock v. USAF A2-99-90 Chief Judge Rodney S. Webb 1/21/2000 |
440 Other Civil Rights Plaintiff asserted tort claims against the defendant relating to the release of plaintiff's and plaintiff's daughter's private medical records. Defendant moved for dismissal based on lack of subject matter jurisdiction as plaintiff had not filed an administrative claim. Court held that, under the Federal Tort Claims Act, presentment of an administrative claim was jurisdictional and must be pleaded and proven by the claimant. Failure to file an administrative claim deprived the court of jurisdiction. Case dismissed. |
| Wisnewski, et al. v. Champion HealthCare, et al. A3-96-72 Chief Judge Rodney S. Webb 1/11/2000 |
710 Fair Labor Standards Act On cross motions for summary judgment, court held that plaintiffs were not entitled to the federal minimum wage for time spent off-premises on-call. The court ruled as a matter of law that the overtime computation formula described in 29 C.F.R. § 778.1100 was correct. Plaintiffs were designated prevailing parties via the catalyst theory for the voluntary corrections that defendants made to the computation of "regular rate" for overtime computation purposes. |
| Marvin Shape v. Barnes County, et al. A3-04-83 Senior Judge Rodney S. Webb 10/14/2005 |
442 Employment Plaintiff, former Correctional Officer Marvin Shape, claims that the defendants, Barnes County and Sheriff Randy McClaflin, demoted him for having Attention Deficit Disorder and later terminated him in retaliation for filing a grievance against Sheriff McClaflin. The Court granted in part and denied in part the defendant’s Motion for Summary Judgment, finding that the plaintiff could not prove that he was “disabled” as defined under the North Dakota Human Rights Act but that genuine issues of material fact remained as to whether the plaintiff’s grievance was a motivating factor in his termination. |
| Earle Myers, Jr. v. Richland County, et al. A3-02-129 Senior Judge Rodney S. Webb 11/18/2004 |
442 Employment Defendants Ray Ward, Steve Campbell, and Merlin Berg moved the Court for an award of attorney’s fees incurred in defending the below captioned lawsuit. The Court denied the defendants’ Motion for Attorney’s Fees, finding that the plaintiff’s claims were not frivolous and not brought in bad faith. |
| Earle Myers, Jr. v. Richland County, et al. A3-02-129 Senior Judge Rodney S. Webb 9/30/2004 |
442 Employment Plaintiff, former Richland County State’s Attorney Earle Myers, claims one of the defendants, Richland County, breached the settlement agreement reached in Jewel Jones-VanTassel v. Richland County, et al. , case #A3-99-60, by retaliating against the plaintiff for his deposition testimony in that lawsuit. The plaintiff also asserts claims for intentional infliction of emotional distress and defamation against former Richland County Commissioners Ray Ward and Dave Paulson. The Court granted defendants’ motion for summary judgment, finding that the that the evidence was such that a reasonable jury could not return a verdict for the plaintiff. |
| Paul Eberts v. Kawasaki Motors Corp. A1-02-43 Senior Judge Rodney S. Webb 3/15/2004 |
365 Personal Injury - Product Liability The Court found that the plaintiff may bring a claim for minority medical expenses. |
| Paul Eberts v. Kawasaki Motors Corp. A1-02-43 Senior Judge Rodney S. Webb 3/2/2004 |
365 Personal Injury - Product Liability In denying the defendants’ motion for partial summary judgment, the Court found that a federal consent decree, adopted pursuant to the Consumer Product Safety Act (“CPSA”), merely set the minimum warning standards and did not preempt the plaintiff’s state common law warnings claim. |
| Dakotas & Western v. All County Electrical A3-01-110 Senior Judge Rodney S. Webb 2/3/2004 |
791 Empl. Ret. Inc. Security Act The plaintiff, a pension fund administered in accordance with the provisions of ERISA, moved for summary judgment on the basis that the Northern District of Iowa and the NLRB previously adjudicated the defendant’s status as an alter ego subject to the terms of a collective bargaining agreement. The Court denied the motion for summary judgment finding the alter ego determination for ERISA was different than the labor law alter ego determination made by the Northern District of Iowa and the NLRB. The Court also denied the defendant’s motion for partial summary judgment to offset duplicative fringe benefit payments. |
| Paul Eberts v. Kawasaki Motors Corp. A1-02-43 Senior Judge Rodney S. Webb 2/2/2004 |
365 Personal Injury - Product Liability The Court finds the duty to warn is distinguishable from the duty to recall or retrofit. Based on such finding, the Court concluded there is no basis in law for the plaintiff’s claim regarding the defendants’ duty to recall or retrofit. |
| Falcon for Import v. North Central Commodities A2-01-138 Senior Judge Rodney S. Webb 1/30/2004 |
190 Other Contract The Court denies the defendant’s motion for summary judgment because it finds a question fact remains as to the plaintiff’s status as a third party beneficiary under NDCC § 9-02-04. The Court limits the plaintiff’s theories of recovery by declining to abolish the vertical privity requirement in actions for breach of express warranty and holds that a non-privity commercial purchaser seeking recovery for economic losses is not an “injured” person for purposes of NDCC § 41-02-35. |
| Capitol Indemnity Corp v. Evolution, Inc. et al. A3-02-33 Senior Judge Rodney S. Webb 11/20/2003 |
110 Insurance The Court granted the plaintiff’s motion for judgment as a matter of law. The Court found that the plaintiff had no obligations, pursuant to the terms and conditions of a general liability insurance policy, to provide coverage for personal losses sustained by the insured or to defend or indemnify the insured against claims made by other individuals or entities as a result of the fire at Tropics Nightclub. The Court also found that North Dakota law and public policy prohibits insurance coverage for intentional and willful acts of arson. |
| Earle Myers Jr. v. Richland County A3-02-129 Senior Judge Rodney S. Webb 10/23/2003 |
442 Employment The Court finds that a former elected Richland County State’s Attorney has standing to enforce a non-retaliation provision of a settlement agreement between the County and Jewel Jones-Van Tassel. The Court also finds that the matter is properly before the federal district court and the complaint states a claim for which relief may be granted. |
| Krein v. Industrial Co. of Wyoming A1-02-56 Senior Judge Rodney S. Webb 10/21/2003 |
360 Other Personal Injury The Court finds social security disability benefits outside the statutory collateral source rule. |
| USA v. Pedro Dyck C2-02-45 Senior Judge Rodney S. Webb 10/16/2003 |
000 No Nature of Suit Code Used The Court dissents from a circuit court mandate that it impose a 41 month sentence upon a defendant convicted of illegal reentry. The Court criticizes the Federal Sentencing Guidelines, mandatory minimum sentences, the Feeney Amendment to the Protect Act, and calls for sentencing reform. |
| AgGrow Oils, L.L.C. v. National Union A3-99-26 Senior Judge Rodney S. Webb 7/14/2003 |
110 Insurance Following the deficient performance of its oilseed processing facility, the owner brought suit against the surety, the contractor’s subsidiary, and the manufacturer of the oilseed processing equipment. The contractor then instituted an arbitration proceeding against the owner and, in a separate court action, sued the manufacturer. All parties eventually agreed to a resolution of all of these actions before a panel of Special Masters. The Special Masters determined that the contractor was liable for costs of corrective work and lost revenue and profits, the surety was jointly and severally liable with the contractor for costs of corrective work, and the manufacturer was required to indemnify the contractor to the extent it contributed to the failure of the processing facility. Upon objections by all parties to the findings and recommendations of the Special Masters, the Court held that: (1) based upon the stipulation of the parties, the Special Masters’ factual findings were not reviewable; (2) the contractor independently bound itself to the achievement of the manufacturer’s performance guarantees; (3) the exchange of forms between the contractor and the manufacturer did not form a contract, but (4) the parties’ conduct did; (5) the contractor’s indemnity provision was not included in the contract because the writings of the parties did not agree to it; (6) the parties’ writings did agree that the manufacturer had a duty to cooperate in implementing the performance guarantees; (7) the manufacturer was directly liable to the owner, a third party beneficiary of the manufacturer’s contract with the contractor; (8) the performance bond was triggered; (9) the owner could recover lost revenue and profits under the bond; (10) under North Dakota law, a party may recover both costs of corrective work and lost profits; and (11) lost revenue and profits were properly awarded. |
| Paracelsus Healthcare v. Philips Medical A3-00-171 Senior Judge Rodney S. Webb 6/27/2003 |
195 Contract Product Liability The Court granted the defendant’s motion for summary judgment due to the expiration of the statute of limitations. The Court rejected the plaintiff’s argument that the statute of limitations should be tolled while the central authority in the Netherlands effectuates service of process. |
| Park Construction v. Lunseth Plumbing A2-02-50 Senior Judge Rodney S. Webb 4/22/2003 |
190 Other Contract Plaintiff, a utility contractor, brought suit against Defendant, another utility contractor, for unjust enrichment. Each was awarded one contract from among twelve separate bid categories for the completion of one utility project. Plaintiff claimed that, in performing the duties under its contract, it erroneously performed sawcutting and pavement removal for which Defendant was responsible under its contract. The Court granted Defendant’s motion for summary judgment. The Court held that the unambiguous language of Defendant’s contract did not require it to perform the sawcutting and pavement removal that Plaintiff completed. |
| Cudworth v. Mincontinent Communications A3-02-19 Senior Judge Rodney S. Webb 4/11/2003 |
360 Other Personal Injury The Court found that North Dakota’s recreational use statute is applicable to situations where a landowner erects a barricade and posts “no trespassing” signs. |
| Jon Adams v. Riverview Healthcare A3-02-135 Senior Judge Rodney S. Webb 3/17/2003 |
442 Employment A North Dakota resident brought a discrimination action against his employer, a Minnesota resident. The Court dismissed his action because a North Dakota court cannot exercise specific personal jurisdiction over the Minnesota resident when the defendant’s contacts with the forum are unrelated to the plaintiff’s cause of action. |
| USA v. Suna Felix Guy C2-00-79 Senior Judge Rodney S. Webb 2/27/2003 |
000 No Nature of Suit Code Used The Court found that a two-level sentencing enhancement for serious bodily injury applied to a defendant convicted of aggravated criminal sexual abuse where the victim became pregnant and suffered extreme physical pain and physical and mental impairments as a result of her pregnancy. |
| Banner Health v. Atty General A3-02-121 Senior Judge Rodney S. Webb 2/25/2003 |
890 Other Statutory Actions The plaintiff brought suit seeking declaratory or injunctive relief from what it claimed to be unconstitutional threats from the Attorney General of North Dakota. The Attorney General moved to dismiss due to lack of subject matter jurisdiction. The plaintiff asserted that the matter involved a federal question by way of Young Doctrine. The Court granted the Attorney General’s motion to dismiss finding that the Young Doctrine was inapplicable. |
| Lidgerwood Public School v. Cole Papers A3-02-136 Senior Judge Rodney S. Webb 2/7/2003 |
385 Property Damage Product Liability Plaintiff commenced an action in state court against the manufacturer and seller of an allegedly defective product. Later, the plaintiff added as defendants two manufacturers of component parts of the product. Following the dismissal of the non-diverse seller, the latest-added defendant removed the suit to federal court on the ground of diversity. On the plaintiff’s motion to remand, the Court held that: (1) the statutory 30-day limitation period that begins once the initial pleading is served applies to cases where fraudulent joinder is alleged, and, therefore, defendant’s removal was untimely; or, alternatively, (2) the removal was precluded by the one-year statutory time limitation, which begins to run when the case is originally commenced, not when the last defendant is added; and (3) the dismissal of the non-diverse seller in state court was involuntary as to the plaintiff; this fact also precluded removal. |
| USA v. Duane Huber C3-00-76 Senior Judge Rodney S. Webb 2/4/2003 |
000 No Nature of Suit Code Used A defendant moved for judgment of acquittal following a jury verdict of guilty as to all counts alleged against him in an indictment. The Court denied this motion. |
| USA v. Pedro Dyck C2-02-45 Senior Judge Rodney S. Webb 1/31/2003 |
000 No Nature of Suit Code Used The Court found that a defendant convicted of illegal reentry of a previously removed alien deserved a downward in departure in his sentence under § 5K2.0, § 3E1.1, and 4A1.3. |
| Peter Grzeskowiak v. Dakota Bridge A2-02-103 Senior Judge Rodney S. Webb 1/17/2003 |
710 Fair Labor Standards Act Plaintiff alleges a violation of the Davis-Bacon Act. The Court dismissed his action due to insufficient service of process, lack of a private right of action under the Davis-Bacon Act, and failure to file with the time allowed by the statute of limitations. |
| Prospect Planet v. Paychecks for Life A3-02-91 Senior Judge Rodney S. Webb 1/16/2003 |
820 Copyrights Plaintiff sought a declaratory judgment wishing the Court to find that it was not infringing upon Defendant’s copyright. Defendant moved to dismiss the claim for lack of subject matter jurisdiction. The Court found that before an action for declaratory judgment of copyright non-infringement can be entertained, there must be both subject matter jurisdiction and an actual controversy. The Court dismissed the Plaintiff’s action because it lacked subject matter jurisdiction due to Defendant’s failure to register its copyright. The Court also found a lack of an actual controversy. |
| KaeRen Accommodations v. Country Hospitality A2-02-80 Senior Judge Rodney S. Webb 12/10/2002 |
190 Other Contract Defendant, a franchisor, and one plaintiff entered into a license agreement, which was subsequently assigned to the second plaintiff. The license agreement contained a forum selection clause designating Hennepin County, Minnesota as the venue for all disputes arising between the parties. Finding the forum selection clause enforceable, the Court dismissed the case. |
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