Blog

January 27, 2017

Loss of Income or Lost Earning Capacity: Make Sure You Fight for Fair Compensation

The consequences of a personal injury do not necessarily end at medical or repair bills: It could also affect your job. Not only are you accumulating additional bills to pay, you may also be losing income with which to pay the bills. The party responsible for your injury can be […]
January 25, 2017

Massive Airbag Recall Nearing Settlement, but Defective Vehicles Still on the Road

Japanese auto parts manufacturer Takata has been at the center of “the largest recall in American history,” due to defective airbags, causing over 180 injuries and claiming 11 lives in the U.S. alone. The propellants used are prone to destabilizing over time and sending shrapnel shooting out when the airbag […]
January 23, 2017

Distribution of Marital Property in a Divorce

If you and your spouse are preparing for a divorce and are able to come up with a fair division of your assets, the courts in North Dakota will honor that agreement. Often, negotiating a divorce settlement with your spouse outside the courtroom is the best way to achieve a […]
January 20, 2017

What is a Power of Attorney, and Do I Need One?

A power of attorney is a legal document that gives a designated individual, known as an attorney-in-fact or agent, the authority to act on behalf of another person. The laws for appointing a power of attorney vary from state to state. Who Can Create a Power of Attorney? To create […]
January 18, 2017

Are You a Safe Driver?

Car manufacturers are adding safety features to their vehicles with ever increasing frequency. Things like brake assist devices, electronic stability control, collision avoidance systems, and phone suppression devices are all extremely useful, yet the most important safety feature in your car is you. Most of us consider ourselves to be […]
January 16, 2017

Business Owners and Their Potential Liability for Slip and Fall Injuries

When a business owner opens his doors to the public, he also opens himself up to potential liability for a slip and fall injury. Premises liability law makes a business owner responsible for certain injuries suffered by persons who are on the premises and are injured due to an unsafe […]
January 13, 2017

Parking Lots: Busy and Often Dangerous Places

Parking lots are very busy, and sometimes dangerous places – and most people have been both an impatient driver and a distracted pedestrian as they locate a parking place in a busy parking lot, exit their car, and walk toward their destination. Although drivers usually travel slowly through parking lots […]
January 6, 2017

Evidence of Immigration Status Inadmissible in California Personal Injury Cases

Never have terms like “illegal alien,” “illegal immigrant,” and “undocumented worker” created more fear and controversy in our nation than now. The passionate responses inspired by the word “immigration” carry such a substantial danger of interfering with the jury’s duty to conduct a fair deliberation, and so significant is this […]
January 4, 2017

ND Ranks Second Highest in Hate Crimes in U.S. Per Capita

North Dakota may have a reputation for being nice, but the state ranks second in the nation for reported hate crimes per capita, according to Forum analysis of 2015 FBI statistics released recently. Thirty-six hate crimes were reported to North Dakota police departments in 2015, or 4.8 crimes per 100,000 […]
January 2, 2017

Marsy’s Law: What it Means 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, state officials, and other groups, Marsy’s Law passed with 62% […]
December 29, 2016

Increased Penalties for OSHA Violations Could be Scary for Businesses

For the first time in 25 years, the Occupational Safety and Health Administration (OSHA) increased monetary penalties for standards violations under the provisions of the Federal Civil Penalties Inflation Adjustment Act. In November 2015, the U.S. Congress enacted legislation requiring federal agencies to adjust their civil penalties for inflation, and […]
December 27, 2016

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 to treat certain medical conditions.  The statute only allows for medical use, and does not allow […]
December 21, 2016

Felons Still Denied Voting Rights in Minnesota

Despite a push to change state law, Minnesotans who were on probation, parole, or serving time in prison due to a felony conviction weren’t able to vote in this year’s general election. Unlike in North Dakota, where the law gives voting rights to people on felony probation and parole but […]
December 19, 2016

Business Liability for Data Breaches

Recent news is often dominated with the latest and largest corporate data breach, and even the 2016 U.S. election was not immune to hacking. According to Symantec’s 2016 Internet Security Threat Report, small businesses having 1-250 employees were the victims of 43 percent of all data breach attacks carried out […]
December 15, 2016

Supreme Court Finds that Warrantless Blood Tests Violate U.S. Constitution

All 50 states have enacted “implied consent laws,” which essentially mean that by driving on the state’s roads, drivers are deemed to have consented to testing if they are suspected of drunk driving.  Twelve states, including North Dakota and Minnesota, impose criminal penalties on suspected drunk drivers who refuse to […]
December 13, 2016

Limited Campus Police Jurisdiction: What it Means

For many years the North Dakota State University Campus Police and the Fargo Police Department operated under a Memorandum of Understanding, which essentially granted NDSU Police to patrol and make arrests anywhere within the City of Fargo. Several universities and municipalities, including UND and the Grand Forks Police Department, used […]
December 7, 2016

Tips for Making a Holiday Visitation Schedule that Everyone Can Live With

The holiday season is supposed to be a time when families enjoy each other’s company, but in divorced families, scheduling can make a time that should be fun stressful and overwhelming. Although holiday visitation arrangements are typically part of the final divorce decree, certain details need to be worked out […]
December 5, 2016

Roadways Dangerous During Holiday Season

There are certain days each year when it’s probably best to stay off the road.  Statistics show that the top 10 worst days for driving include Christmas Day, New Years Day, and NFL game day. Here’s the complete list: Memorial Day weekend. Many consider Memorial Day the beginning of the […]
December 2, 2016

Child Custody Tips: How to Gracefully Share the Kids During Holidays

The upcoming Holiday season should be all about giving thanks, but it is often difficult for divorced families to get in the holiday spirit, particularly when it means sharing their children. For those who celebrate Christmas, divorced and separated couples need to remember to help their kids focus on being […]
November 29, 2016

Can a Bar Owner or Social Host be Held Liable for an Accident in North Dakota?

It’s that time of the year again. The holidays are just around the corner, parties abound, and the number of intoxicated drivers on the roads is increasing, putting innocent pedestrians, bicyclists, and other motorists at risk. Most people understand that an impaired person who gets behind the wheel after drinking […]
November 23, 2016

Why Aggressive Drivers are the Most Dangerous Motorists on the Road

Whether a driver is late, in a hurry, distracted by emotions, or just in a bad mood, aggressive driving is very common among drivers in the U.S. A recent study by the AAA Foundation for Traffic Safety found that almost 80 percent of drivers expressed significant anger, aggression, or road […]
November 21, 2016

Slip and Falls in Private Homes: Can I Really Sue My Host?

The holiday season is nearly here, making social gatherings more common. But if you slip and fall while at someone else’s home and suffer injuries, can you still recover damages – even from your holiday host? Slip and Fall Accident at a Private Residence If you slip and fall at […]
November 15, 2016

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?
November 9, 2016

Deer-Automobile Accidents Increase from 2015

Due to increasing deer populations, deer-related automobile accidents have risen nearly 50 percent in recent years, particularly from the months of October through December. According to a State Farm analysis published on CarInsurance.com season the likelihood of deer-automobile accidents nearly doubles at the height of mating and migration season. According […]
November 7, 2016

Can I Back Out of a Timeshare Contract?

If you enter into a timeshare and then suffer buyer’s remorse, it may be possible to cancel the contract, but you must move quickly and follow the proper procedures: Follow the Terms of the Contract Most states have passed laws that allow timeshare buyers to cancel contracts, and your contract […]
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