News | O'Keeffe O'Brien Lyson Attorneys - Part 13

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March 12, 2018
Collaborative law family law fargo nd

Collaborative Law, Part One: What is Collaborative Law and Is It Right for You?

Litigation in divorce is stressful, there’s no doubt about it.  Litigation is time consuming and often involves both parties to the divorce engaging in the “blame game” by pointing out the faults of their spouse all while trying to downplay any negative information about themselves.  Perhaps the most stressful part […]
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March 6, 2018
adoption stepparents family law fargo nd

Adoption by Stepparents in North Dakota and Minnesota

There are many children in North Dakota and Minnesota who may be residing in single parent households, due to unexpected accidents, an absent parent or the loss of a parent. In some cases, a child’s surviving parent enters into a new marriage with another individual and this new stepparent desires […]
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February 28, 2018
1031 exchange real estate law fargo nd

What You Should Know About Like-Kind Exchanges and Section 1031

If a person sells off a piece of investment property and realizes a financial gain, the property seller often pays tax on the gain at the time of the sale. For people who then use the amount of the sale to purchase another investment property, they will be required to […]
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February 26, 2018
vehicle crashes personal injury law fargo nd

Vehicle Crashes into the St. Louis River

At the end of October, law enforcement in Minnesota identified a motor vehicle operator who died when his semi truck slid into the St. Louis River as a result of recent snowfall and a slippery road. The vehicle slid off the northbound lane of Interstate 35. The vehicle landed on […]
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February 22, 2018
property issues real estate law fargo nd

The Role of Caveat Emptor in North Dakota Property Transactions

An important part of property law is “caveat emptor,” which states that in many cases a buyer is unable to recover damages from a seller for defects. As a result, a buyer is responsible if he or she purchases a piece of property with defects. Courts in North Dakota tend […]
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February 20, 2018
iindustrial accident personal injury law fargo nd

Worker Dies in Industrial Accident

A worker was recently killed during a fall at the Benson Power, LLC plant. The Benson, Minnesota police department reports that the man received emergency medical treatment and was taken to a nearby emergency room, but did not survive. The Occupational Safety and Health Administration (OSHA) is currently investigating exactly […]
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February 16, 2018
defense business law fargo nd

The Necessity Defense

A judge in Minnesota recently recognized a rarely used legal defense by allowing climate activists to use the necessity defense. These three activists were arrested and charged with felonies in 2016 after shutting down an overland pipeline. The activists argued that the pipeline company violated the law to protect citizens […]
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February 12, 2018
head on crash personal injury law fargo nd

Head-on Collision Kills Several People

Three individuals were killed recently in a head-on collision that occurred near Redwood Falls, Minnesota. Prior to the crash, a motor vehicle operator was passing another vehicle and struck a minivan that was headed in the opposite direction. Both motor vehicle operators, as well as a one-year-old boy who was […]
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February 8, 2018
estate taxes business law fargo nd

Minnesota Changes Estate Tax Requirement

Only one of 18 states, Minnesota still imposes inheritance taxes in addition to the federal estate tax levy. Minnesota’s estate tax, however, recently became much weaker. The state’s current budget includes $650 million in tax cuts, which involves increasing the estate tax exemption to $2.4 million for the year of […]
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January 29, 2018
child support family law fargo nd

The Importance of Child Support in Minnesota

Children in the state of Minnesota require financial and emotional assistance as well as support from both parents. To achieve these goals, the state’s child support program helps parents who are no longer together make sure that there are adequate finances to support the child. Not only does child support […]
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January 25, 2018
snowblowing accident personal injury law fargo nd

Man Using Snow Blower Killed by Skidding Vehicle

A man in northern Michigan who was using a snowblower was recently struck and killed by a vehicle that slid across the man’s road. The accident occurred outside of Kingsley. The Grand Traverse Sheriff’s Office reports that the driver was traveling westbound when she lost control of her vehicle, which […]
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January 23, 2018
divorce new year family law fargo nd

A New Year Brings New Beginnings…Including Divorce?

In North Dakota, the month of January often brings with it the uncertainty of frigid temperatures, changing weather conditions, treacherous driving conditions and increased car accidents.  But along with that uncertainty, the new year also brings with it the promise of new beginnings.  Many people take the opportunity to reflect […]
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January 19, 2018
Buffer law real estate law fargo nd

What You Need to Know About Minnesota’s Buffer Law

The buffer law in Minnesota creates new “buffer” layers for vegetation of up to 50 feet along lakes, rivers, and stream. A buffer refers to vegetated land that exists alongside a stream or river. The reason for these buffers is that they help to filter out nitrogen, phosphorus, and sediment. […]
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January 17, 2018
homicide by cars criminal law fargo nd

Criminal Vehicular Homicide in Minnesota

In October of 2016, a motor vehicle operator drifted into the opposing lane of traffic of County Road 3 near Kilkenny, Minnesota and was involved in a head-on crash with a motorcyclist. The police report written at the scene reported that the motor vehicle operator had a blood alcohol concentration […]
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January 11, 2018
estate plans business law fargo nd

Estate Planning for Minnesota Farm Owners

Estate planning for farm owners involves some unique issues which often revolve around making sure that a farm is properly passed down to a family’s next generation. It is important that the farm can be passed in an economical manner because farm families depend on the farm to generate revenue […]
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January 9, 2018
worker killed personal injury law fargo nd

Auto Worker Killed in Minnesota Accident

An auto mechanic in Montevideo, Minnesota recently died during an accident that occurred while on the job. The accident occurred when the owner of the auto shop stepped on a truck’s accelerator causing a worker to be pinned between the pickup truck and a tool chest that was located against […]
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January 5, 2018
drug seizures criminal law fargo nd

Increase of Synthetic Drug Seizures in Minnesota

In 2017, there were a record number of synthetic drugs seized in Minnesota. This forced law enforcement agencies in the state to create a number of new procedures regarding how drug cases are handled. These laws have redefined the ways in which law enforcement officers in the state of Minnesota […]
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December 28, 2017
non competes business law fargo nd

North Dakota’s Prohibition on 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 attempted to circumvent the prohibition on non-competition agreements by utilizing […]
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December 18, 2017
firearms laws in nd criminal law fargo nd

Firearms and North Dakota Restraining Orders

The North Dakota Supreme Court recently invalidated a restraining order that was filed against a gun owner by his former partner. This decision was based on the North Dakota Supreme Court’s finding that a North Dakota district court incorrectly upheld a disorderly conduct restraining order against a person who carried […]
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