North Dakota Supreme Court News
News from the North Dakota Supreme Court

U.S. court rejects Allergan bid to shield patents through tribe deal
Fri, 20 Jul 2018 13:45:35 CDT
Reuters: "A U.S. appeals court on Friday rejected a novel strategy adopted by drug company Allergan PLC to shield patents from review by an administrative court by transferring them to a Native American tribe."
- Opinion Link: Allergan v. Mylan Pharmaceuticals

Montana Supreme Court orders new trial in Billings homicide
Fri, 20 Jul 2018 13:27:08 CDT
Associated Press: "The Montana Supreme Court has ordered a new trial in a Billings homicide, ruling the defendant was wrongly denied the opportunity to question whether a key witness could accurately recall the details of the shooting because she may have been under the influence of methamphetamine."
- Opinion Link: State v. Polak

Minn.: Ex. inmate's mission -- keep others from going back to prison
Fri, 20 Jul 2018 08:44:27 CDT
MPR News: "On a Wednesday in March, Sammy's Avenue Eatery in north Minneapolis was packed. Tables were filled with people gathering for meetings, food or both. Among them was James Badue-El, a slight man with a booming voice and large smile."

Job Announcement
Fri, 20 Jul 2018 08:15:21 CDT
A job announcement for an Assistant United States Attorney with the U.S. Attorney's Office in Fargo has been posted.

State Law Library remains open during repairs
Thu, 19 Jul 2018 11:12:49 CDT
An unexpected break in a water valve left parts of the State Law Library deluged late yesterday afternoon. Catie Palsgraaf, Citizen Access Coordinator for the North Dakota Legal Self-Help Center, said that although large parts of the library will be off limits while repairs are made, the library will remain open to the public.

N.D. Attorney General opinions: July 19
Thu, 19 Jul 2018 12:39:31 CDT
Attorney General Wayne Stenehjem has issued opinions that the City of Lincoln violated the law when it took final action during the executive session portion of two special meetings and that McKenzie Township violated the open meetings law when it held a special meeting but did not provide public notice.
- A.G. Opinion 2018-O-14
- A.G. Opinion 2018-O-15

8th Circuit decides N.D. case
Thu, 19 Jul 2018 13:56:55 CDT
The United States Court of Appeals has affirmed the district court's grant of summary judgment in a North Dakota harassment and discrimination case.
- Auer v. City of Minot

For first time, North Dakota investigation wins prestigious DEA honor
Thu, 19 Jul 2018 08:12:55 CDT
G.F. Herald: "U.S. Attorney for North Dakota Christopher Myers announced that on Wednesday, July 18, acting DEA administrator Uttam Dhillon recognized a team of investigators and prosecutors with the 'Administrator's Award for Outstanding Group Achievement.'"

U.S.: Online publishers face tough choice after 2nd Circuit refuses 'embedded links' appeal
Thu, 19 Jul 2018 08:28:42 CDT
Reuters: "On Monday, the appellate court declined to take up an interlocutory appeal by online publishers, including Gannett and Time Inc, challenging a February 2018 ruling that they can be liable for copyright infringement when their stories embed links to unauthorized content."

Minn. Supreme Court allows pipeline protesters to use climate 'necessity defense'
Thu, 19 Jul 2018 08:23:12 CDT
MPR News: "Climate change protesters are claiming victory in their effort to present an unusual 'necessity defense' against felony charges stemming from efforts to shut down oil pipelines."

New Opinions: July 18
Wed, 18 Jul 2018 12:00:00 CDT
The Supreme Court posted nine new opinions on July 18.

8th Circuit decides N.D. case
Fri, 20 Jul 2018 08:13:27 CDT
The United States Court of Appeals for the Eighth Circuit has affirmed an order from its Bankruptcy Appellate Panel in a North Dakota bankruptcy attorney fees and costs dispute.
- McCormick v. Starion Financial

U.S.: 6th Circuit delivers a lovely gift to class action plaintiffs. Will it stand?
Wed, 18 Jul 2018 09:11:05 CDT
Reuters: "The 6th U.S. Circuit Court of Appeals ruled Monday that hundreds of Ohio homeowners with groundwater contamination claims against Chevron, Aramark, Behr America and Behr Dayton can litigate as a class to determine seven key issues in the case."
- Opinion Link: Martin v. Behr Dayton Thermal Products

Minn.: Court says convicted serial rapist should be released
Wed, 18 Jul 2018 09:56:56 CDT
U.S. News/AP: "A convicted serial rapist should be allowed to be released into the community under supervision, the Minnesota state Court of Appeals ruled Monday, saying the state did not prove by clear and convincing evidence that Thomas Duvall should remain in treatment."
- Opinion Link: Matter of Duvall

New Opinion: July 17
Tue, 17 Jul 2018 12:00:00 CDT
The Supreme Court posted a new opinion on July 17.

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Appeal challenges refinery air quality permit near Theodore Roosevelt National Park
Duluth News Tribune
The appeal filed in Southwest Judicial District Court challenges the North Dakota Department of Health's finding that the Davis Refinery would be classified as a synthetic minor source of air pollution. The complaint argues the refinery being developed ...

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Public Notice
Buffalo Bulletin
Greenough moved to authorize Chairman Novotny to sign the Contract between WY Dept. of Health, Behavioral Health Division and Johnson County Commissioners as Governing Body for the Drug Court Program in the amount of $38,565.04 beginning July 1 ...

Armstrong Enters House Race; Campbell Hints at Primary
U.S. News & World Report
Campbell's campaign in a statement said he "is best positioned to represent North Dakota in the U.S. House. He's spent months criss-crossing the state to meet voters, and Republican voters know that no one will work harder to fight for conservative ...

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West Central Tribune

South Dakota man dies after motorcycle crash in Meeker County
West Central Tribune
LITCHFIELD – A South Dakota man died of his injuries Saturday evening after a motorcycle accident on Highway 22 north of Litchfield. Leslie Lemke, 57, of Watertown, South Dakota, was traveling south on Highway 22 when his motorcycle went off the road ...

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North Dakota congressional candidate picks up delegates' tab
BISMARCK, N.D. - North Dakota congressional candidate Tom Campbell, a wealthy potato farmer, is paying registration fees for some delegates to attend the state party's convention next month. Kelly Armstrong, Campbell's main Republican rival for the ...

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North Dakota Highway Patrol Leader Announces Retirement
U.S. News & World Report
BISMARCK, N.D. (AP) — The head of the North Dakota Highway Patrol is retiring. Col. ... He'll become executive vice president of the North Dakota Motor Carriers Association, an education and advocacy organization for the state's transportation industry.

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El Paso Times

North Dakota State rebounds past UTEP
El Paso Times
Statistics sometimes lie, sometimes send you skittering down the wrong path. Not Friday night in the Don Haskins Center. One had to simply look at one statistical category to know who won, who lost. Rebounds: North Dakota State 50, UTEP 30. And that ...

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Standard Republic

North Carolina Trooper Killed in Wreck During Car Chase
U.S. News & World Report
Troopers say they have obtained arrest warrants for murder for the driver of the BMW, 22-year-old Dakota Whitt of Elkin. Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Man charged in fatal North Carolina Highway Patrol trooper crash north of CharlotteWSOC Charlotte

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Davison County Magistrate Court Oct. 23 to Nov. 6
Daily Republic
Korderro D. Robinson, 30, Mitchell; violation of protection order, $200 fine; $84 costs; 90 days in jail; 60 days suspended; credit for 30 days; conditions: pay fines, costs and fees; repay court appointed attorney fees; have no like offenses; obey all ...

Los Angeles Times

North Dakota pipeline activists say arrested protesters were kept in dog kennels
Los Angeles Times
After a night of chaotic clashes with police on the front lines in a months-long protest, Native American activists complained about the force wielded to drive protesters from the path of a pipeline they contend will desecrate tribal lands and put ...

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