News | O'Keeffe O'Brien Lyson Attorneys - Part 18


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 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 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 […]
November 1, 2016

Fighting Over an Estate? Tips to Help Resolve Your Differences

Even if there’s a will in place, many families still end up fighting over an estate after their loved ones die. Although many people believe the only way to resolve a dispute over an estate is to turn to probate court, there are several other things you can do before […]
October 26, 2016

Writing a Legally Binding Loan Note

Your best friend just hit you up for money, and although you don’t want to get too formal, without a proper (and legally binding) loan note, there is a chance that you will never see your money again. Here’s what needs to be included in a legally binding loan note […]
October 24, 2016

Legal Issues Landlords Need to be Aware of

Landlord-tenant relationships can be dicey, but if landlords deal with potential issues before a rental agreement is signed, many common problems can be avoided. Here are some tips that landlords should keep in mind when dealing with tenants: Don’t Use Old, Boilerplate Forms It is critical that lease and rental […]
October 20, 2016

Wrongful Death: Damages Must be Proven in Court

Under North Dakota law, a wrongful death is one that arises from the “wrongful act, neglect, or default” of another. The act that causes death may be negligent, reckless, or intentional. Wrongful death claims can be made in a variety of circumstances, including fatal car accidents, medical malpractice, and dangerous […]
October 10, 2016

My Injury Case Finally Settled –Now What?

Just when your injury was becoming a distant yet painful memory and you were beginning to wonder if you would ever be able to put your personal injury case behind you, your lawyer successfully settled the claim – so what happens next? Before you’ll get your settlement proceeds, several obligations […]
October 6, 2016

Are Stepparents Entitled to Visitation Rights?

Stepparents often play a crucial role in raising children and form strong bonds with them, but unless they have legally adopted a child, they likely have no legal right to make decisions on the child’s behalf. However, if a child’s parent and stepparent get divorced, 23 states now have laws […]
September 30, 2016

When It May be Time to Write a Will

Many people drag their feet when it comes to writing a will. If you have not yet made one or have not updated it for many years, there are several triggering events that should serve to remind you that it is time to organize your estate plan: Getting Married (or […]
September 26, 2016

Ready to Move? Steps to Selling Your Home

If you plan on selling your home, it isn’t just a matter of putting a sign on your front lawn, receiving multiple bids, and accepting the best offer – those days are long gone. In today’s maze of forms, financing, inspections, marketing, pricing, and negotiating, it makes sense to work […]
September 20, 2016

5 Projects That Can Add Value to Your Home

With housing prices on the rise, now is the time to invest in your home to capitalize on its value. Here are five home improvement projects that pay off, whether you are selling now or in the future. Increase Curb Appeal Although not usually considered the most exciting improvement to […]