Appellate Cases

Appellate case victories for example.

Other Appellate Case Examples

Amerind v. Malaterre

A plaintiff in Turtle Mountain Tribal Court does not have the right to bring a direct action against an insurance company. (633 F.3d 680 8th Cir. 2011)

Jaste v. Gailfus

The North Dakota Supreme Court ruled that the trial court could not grant summary judgment without allowing the parties an opportunity to be heard. (94, 679 NW 2d 257 ND 2004) Case settled after remand.

Hurt v. Freeland

North Dakota Supreme Court held that, absent a special relationship or interference with the driver, there is no basis for liability on the part of passengers of an intoxicated driver and that an action for civil conspiracy requires a showing of damages. (589 N.W.2d 551 ND 1999)

State v. Nodland

North Dakota Supreme Court ruled that the prosecutor must comply with defendant’s pretrial discovery requests. (493 N.W.2d 697 ND 1992).

Story v. State of Wyoming

Represented Dr. Story in a post-conviction proceeding. (788 P.2d 617 WY 1990) Wyoming Supreme Court, in 3-2 decision, affirmed the trial court’s denial of a motion for a new trial.

City of Mandan v. Fern

The North Dakota Supreme Court ruled that the prosecution may not exercise peremptory strikes based upon the gender of the prospective juror. (501 N.W.2d 739 ND 1993).

Fastow v. Burleigh Co. Water Resource Dist., et al.

Represented a 20-year-old man rendered quadriplegic in an aquatic diving accident. Question of law appealed to North Dakota Supreme Court regarding application of Recreational Use Statute to political subdivisions. (415 N.W.2d 505 ND 1987) Landmark decision on behalf of plaintiff. Case subsequently settled.

Cunningham v. Yellowstone School District, et al.

Defendant private investigator was sued as a result of termination of school superintendent. (774 F.2d 1170 8th Cir. 1985) U. S. District Court dismissed complaint for plaintiff’s failure to file non-resident bond. Eighth Circuit reversed and reinstated complaint. District Court subsequently dismissed complaint on motion for summary judgment.

Fredericks v. Eide Kirschmann

Mr. Fredericks, an enrolled member of the Fort Berthold Indian Reservation, obtained a judgment in Tribal Court against a car dealership whose principal place of business was off the reservation. (462 N.W.2d 164 ND 1990) North Dakota Supreme Court ruled that State Courts could enforce Tribal Court judgments obtained against non-Indian corporations, as a matter of comity.

Grosz v. Anderson Building Co.

Part of a trilogy of decisions that established the right of a parent to sue for loss of consortium of a severely injured minor child. (430 N.W.2d 558 ND 1988)

U.S. v. Pomeroy

Represented the accused in an armed robbery case. (810 F.2d 184 8th Cir. 1987) U.S. District Court dismissed the indictment for violation of right to speedy trial. Government appealed. Dismissal was affirmed by Eighth Circuit.

Strate, Assoc. Tribal Judge, et al. v. A-1 Contractors, et al.

Represented Mrs. Fredericks in a jurisdictional issue regarding an accident that occurred on an Indian Reservation. United State Supreme Court ruled that tribal court did not have subject matter jurisdiction. (117 S.Ct. 1404 1997)

Adams County Record, et al. v. Greater North Dakota Association, et al.

This lawsuit arose under the open records law of North Dakota. Rural newspapers sought access to GNDA’s financial records to prove that tort reform efforts were being financed by tobacco and waste companies. (529 N.W.2d 830 ND 1995); (564 N.W.2d 304 ND 1997) North Dakota Supreme Court ultimately ruled against disclosure under the open records law. The extent of the tobacco industry’s involvement ultimately came to light in a series of newspaper articles when ex-employees came forward with the information.

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