May 3, 2016

North Dakota’s Abortion Lawsuit Fund In Danger of Being Drained

Lawyers representing North Dakota’s only abortion clinic have announced that they will seek litigation costs from the state after the U.S. Supreme Court refused last month to review lower court rulings overturning the state’s ban on abortion at six weeks of pregnancy. Federal law allows attorneys in civil rights cases […]
April 27, 2016

North Dakota Voters May Consider Legalizing Marijuana in November

Dependent upon North Dakota Secretary of State approval, a group of supporters have until July 11 to gather the 13,452 signatures needed to get a measure legalizing marijuana for recreational use on the statewide ballot in November. Supporters of legalization say that should the measure pass, North Dakota would be […]
April 25, 2016

Major Players in a Personal Injury Lawsuit

Most people who are injured and subsequently file a personal injury lawsuit have little or no experience with the U.S. legal system, and a thorough understanding of who is involved in a typical personal injury case can alleviate some of the associated stress and help make the case run more […]
April 21, 2016

Tips for Preparing for Divorce

Every day dozens of couples decide to end their marriages. Divorce, or dissolution of marriage, may be pursued for a number of reasons, including spousal abuse, an unfaithful spouse, or irreconcilable differences, and North Dakota recognizes both fault and no-fault grounds. Regardless of the reasons for a divorce, spouses should […]
April 19, 2016

Times When You Should Have Your Attorney’s Number on Speed Dial

Depending upon what may be at stake, there are certain situations when you should definitely consider hiring an attorney, including if and when: You are arrested. While this might seem obvious, some people fail to consult with a criminal defense attorney when they are arrested or taken into custody. This […]
April 11, 2016

Transgender Bathroom Law Facing Early Challenge

One week after North Carolina’s transgender bathroom law was passed, opponents of the new law have challenged it, calling it discriminatory and saying that it singles out LGBT people for “disfavored treatment.” The law, passed by a Republican-led legislature during a one-day special session called to repeal a Charlotte city […]
April 7, 2016

Do I Need a Lawyer If I Win the Lottery?

If you hit the jackpot and win the lottery, you’ll never have to worry about money again, right? Wrong. With good money management you could live well for many years, but from the moment you claim your prize, the temptation to squander your winnings will be ever present. One of […]
April 5, 2016

Are There Advantages to Legal Separation Over Divorce?

These days, more and more couples are deciding to remain separated rather than divorce, even though they no longer wish to be married. Sometimes choosing to legally separate instead of get a divorce is a good financial decision, although other reasons may also come into play. Financial Benefits One of […]
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 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 Attorneys 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 […]
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