Blog

March 30, 2016

Collision With a Large Commercial Truck: No Small Matter

Because of the weight and size of commercial trucks as compared to passenger cars, collisions involving the two often result in very serious injuries, particularly for those traveling in smaller vehicles. According to the National Highway Traffic Safety Administration, there were 3,964 people killed and 95,000 people injured in crashes […]
March 28, 2016

Can a Person Drive Safely – and Legally – After Smoking Marijuana?

Although few would argue with the statement that marijuana and driving do not mix, one challenge is that the effects of marijuana upon driving ability are hard to quantify. Marijuana Affects Driving Differently Than Alcohol Alcohol’s effects upon drivers differ greatly from those of marijuana. The detrimental effects of marijuana […]
March 24, 2016

GPS Convenient, But Sometimes a Dangerous Distraction for Drivers

When it comes to navigating our way to new destinations, we’ve come a long way since folding out road maps and stopping to ask strangers for directions. Today, drivers across the globe are able to utilize Global Positioning System (GPS) technology that comes equipped on their phones or in their cars to provide […]
March 22, 2016

The IME: Why There’s Nothing Independent About It

Sometimes a personal injury defendant will request that a doctor of the defendant’s choice examine the plaintiff. This may sound harmless enough, but there is one big problem with independent medical examinations, also known as IMEs. There is no such thing as an independent medical examination. Adverse is a more […]
March 16, 2016

AAJ Urges CMS to Ban Forced Arbitration Clauses in Nursing Home Contracts

On October 14, 2015, the American Association for Justice (AAJ) held a press conference with former U.S. Representative Henry Waxman to urge the Centers for Medicare and Medicaid Services (CMS) to protect seniors’ rights by banning forced arbitration clauses in nursing home contracts. The press conference caught the attention of […]
March 14, 2016

What Happens When the Driver Who Hit You Doesn’t Have Insurance?

When an accident occurs, one of the first things the drivers do is to exchange insurance information. Insurance coverage is an integral part of a personal injury case, since coverage ultimately determines how the damages are paid. Uninsured/underinsured motorist protection is insurance that you buy to cover yourself and your […]
March 10, 2016

How to Keep Employees from Competing in a No-Non-Compete State

Many employers in North Dakota, particularly those with headquarters out of state, often find out about a unique aspect of North Dakota business law once it is too late. Only after an employee quits and starts a competing business does the employer discover that North Dakota law provides non-competition agreements […]
March 8, 2016

ND Fetal Heartbeat Law Blocked by High Court

North Dakota’s “fetal heartbeat” law, the toughest ban on abortions in the nation when it was enacted in 2013, has been blocked permanently when the U.S. Supreme Court refused to review a lower court’s ruling that overturned the law. The law banned abortions as soon as a heartbeat was detected […]
March 2, 2016

Three Encouraging Trends for Women in the Workplace

While 2015 might not have been revolutionary in terms of bringing gender equality to corporate America, several exciting things happened that could prove to make the lives of working women easier, and maybe even more profitable, in 2016: Paid Leave When Netflix announced a new policy under which salaried employees […]
February 29, 2016

The Top Five Things I Wish I Had Known Before I’d Bought My House

Buying your first house is right up there with many of the milestones of American life: buying your first car, choosing a college, getting married, and having a baby. All require (or should require) a considerable amount of thought to get it right. First time home buyers often spend a […]
February 25, 2016

The Saga Continues: Five Legal Stories to Watch For in 2016

The year 2016 promises to be an interesting one in the legal world. Here’s a sampling of some of the issues that are sure to make headlines during the year: Bill Cosby Something seemingly improbable just a few years ago has happened – the comedian’s reputation was effectively destroyed in […]
February 23, 2016

ND Drunk Driving Case to be Reviewed by U.S. Supreme Court

Despite the 2013 U.S. Supreme Court decision upholding Missouri v. McNeely and essentially protecting operating while intoxicated (OWI) defendants nationwide from being forced to take blood tests without their consent unless police have a warrant, 13 states, including North Dakota and Minnesota, have made it a crime to refuse to […]
February 17, 2016

Ready for Rehab? Smart Phone Addiction is Real

When you wake up in the morning, is checking your phone for missed calls the first thing you do? Do you get an anxious feeling if you don’t check your phone multiple times throughout the day? Do you use your phone at inappropriate times, such as while driving, while in […]
February 15, 2016

Snow Removal Responsible for Thousands of Injuries Each Year

According to a CBS Chicago report, by early February 2015, at least 18 people in the Chicago area had died in incidents related to snow shoveling. Shoveling snow is practically a winter sport in North Dakota, and taking a few precautions can help avoid unnecessary pain and injury. The National […]
February 12, 2016

Laws Related to Medical Marijuana and Employment All Over the Map

Medical marijuana use is now permitted in 23 states, and Alaska, Colorado, Oregon, Washington, and the District of Columbia also permit recreational use. In a Pew Research Center survey conducted in March 2015, 53 percent of Americans said they believe marijuana should be legal, while 44 percent said it should […]
February 11, 2016

How to Eliminate Distracted Driving

According to the National Safety Council (NSC), hands-free devices often are seen as a solution to the risks of driver distraction because they help eliminate two obvious risks: Visual, or looking away from the road Manual, removing your hands from the steering wheel However, a third type of distraction can […]
February 3, 2016

Tatum O’Brien Listed In Directory of Who’s Who

Tatum O’Brien, partner in O’Keeffe O’Brien Lyson Foss attorneys of Fargo, ND will be featured in the 2016 The Global Directory of Who’s Who. O’Brien‘s practice areas focus on criminal law and personal injury. She will have her biography listed among the thousands of men and women who have demonstrated […]
February 1, 2016

Staying Informed: 5 New Minnesota Laws That Took Effect January 1

Minnesota citizens may be interested in some of the new laws that became effective on January 1: Which Comes First, Car Insurance or Vehicle Registration? Under the provisions of a new Minnesota law, from now on motorists who want to register a vehicle in the state will first have to […]
January 28, 2016

5 Tips for Safe Winter Driving

There is something that you can do to make yourself a safer winter driver and reduce your risk of accident – be a defensive driver. According to Drive-Safely.net, some defensive driving tips include: Glance further up the road, not just at the vehicle directly in front of you. Looking one-half […]
January 26, 2016

Minnesota Revamps “Best Interest of the Child” Factors

To meet the diverse needs of children and promote their healthy development, a number of important statutory changes have been made to Minnesota law. These changes were made to support the principle that children need safe, stable, and nurturing relationships with both of their parents. The 12 New Best Interest […]
January 18, 2016

Trucking Accidents Cause More Damage Than You’d Think in North Dakota

When you’re involved in a trucking accident, the effects often last much longer than a typical car accident. Colliding with a large commercial vehicle, such as a semi-truck or 18-wheeler, can cause extensive damage. The accident will not only cause damage to your property, but can also result in personal […]
January 14, 2016

What is the 24/7 Sobriety Program?

Seeing the rise in alcohol related traffic arrests and accidents, the state of North Dakota enacted the 24/7 Sobriety Program. It is a rehabilitation program that affects individuals arrested for a second or subsequent DUI. Participation in the 24/7 program may be required as a condition of parole & probation, […]
January 12, 2016

Questions to Ask Your Lawyer after an Accident

Accidents can be stressful and require you to make quick decisions. It doesn’t matter if it is a car accident, a work accident or anything in between, in cases like these it’s important to ask the right questions and educate yourself on the processes you are about to go through. […]
January 6, 2016

Things to Consider When Drafting a Business Contract

A business contract is a legal agreement between two or more parties that specifies a shared objective. When conducted in the appropriate manner, business contracts are a great way for two companies to work together and gain benefits through the purchase or sale of products and services. Although various types […]
January 4, 2016

Changes Have Been Made for Minnesota Trust Laws

In order to make Minnesota more competitive in an ever-changing trust landscape, a major revision to Minnesota trust law took effect on January 1st, 2016. This is the first major revision in over a decade. The Current Framework The former framework for the trust law, Minnesota Chapter 501B, became law in 1989, with […]
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