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Summary: 450 F. Supp. 2d 1019 (2006) Christopher McHUGH and Addie McHugh, Plaintiff, v. Marise JACOBS, Defendant. LEGAL DISCUSSION Section 32-03.2-11(1) of the North Dakota Century Code provides, as follows: In any action for the breach of an obligation not arising from contract, when the defendant has been guilty by clear and convincing evidence of oppression, fraud, or actual malice, the court or jury, in addition to the actual damages, may give damages for the sake of example and by way of punishing t......read more.


Summary: 184 F. Supp. 520 (1960) UNITED STATES of America for the Use and Benefit of Mardrid DAVISON, Charlotte Schaeffer, and Ellen Myers, co-partners, d/b/a John Iverson Company, Plaintiff, v. YORK ELECTRIC CONSTRUCTION CO., Inc., Mountain States Construction Company, and the American Surety Company of New York, Defendants. It is interesting to note the relative similarity of this action and United States for Use of Bruce Co., Inc. v. Fraser Construction Co., Inc. et al., D.C., 87 F. Supp.


Summary: 667 F. Supp. 2d 1080 (2009) Heidy HERSCHBACH, individually and as co-trustee of the Herschbach Living Trust, and Susan L. Randall, as co-trustee of the Herschbach Living Trust, Plaintiffs, v. Frederick J. HERSCHBACH and Herschbach Petroleum Company, Ltd., Defendants. E. Fred Herschbach accumulated mineral interests in several states, including North Dakota and Texas. E. Fred Herschbach was married to Hazel Herschbach and they resided in Texas at all times relevant to the acquisition of the North......read more.


Summary: 255 F. Supp. 2d 1013 (2003) Larry REUTTER o/b/o Destiny REUTTER, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant. The Plaintiff seeks judicial review of the decision of the Commissioner of Social Security denying childhood insurance benefits for Destiny Reutter under Sections 202(d) and 216(e) of the Social Security Act, 42 U.S.C. § § 402(d) and 416(e). For the reasons set forth below, the Court determines that the decision of the Commissioner should be overturned a......read more.




Summary: 377 F. Supp. 2d 748 (2005) Sher Ali SYED SHAH, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. The parties seek a decision from the Court declaring whether the Plaintiff is entitled to underinsured motorist coverage under the insurance contract. The principal issue concerns the choice of law applicable to this insurance contract dispute involving an automobile accident that occurred in Canada. The case turns on the proper interpretation and application of the underinsure......read more.


Summary: 669 F. Supp. 2d 1013 (2009) UNITED STATES of America, Plaintiff, v. Micheal FISHER, Defendant. I. BACKGROUND OF THE CASE On April 23, 2008, an eleven-count indictment was filed in United States District Court charging the defendant, Micheal L. Fisher, and co-defendants Amiel Schaff, and Fisher Sand & Gravel Co., Inc., with various allegations of filing false tax returns and conspiracy to defraud. Counts two and three charge Micheal Fisher with making and subscribing a false tax return in violati......read more.


Summary: 395 F. Supp. 2d 875 (2005) UNITED STATES of America, Plaintiff, v. Lawrence P. MILLER, a/k/a Lawrence Paul Miller, a/k/a Larry Miller; Carl Miller, a/k/a Carl F. Miller; Margaret Miller, a/k/a Margaret A. Miller; Starion Financial, f/k/a First Southwest Bank; Darrin Hoger; and Daniel Hoger, Defendants. In an attempt to assert their interest in the cattle proceeds, the Millers, on or about January 9, 2004, commenced a civil lawsuit against Miller in state court seeking, among other things, a cour......read more.


Summary: 153 F. Supp. United States v. Sullivan, 2 Cir., 1938, 98 F.2d 79; Cf., Slick v. U. S., 7 Cir., 1924, 1 F.2d 897, (consolidation of two indictments against one defendant for income tax evasion in different years).




Summary: 413 F. Supp. *765 *766 J. Gerald Nilles, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for plaintiff; Gordon J. Berg and John F. Hacking, Minneapolis, Minn., of counsel. per bushel or better, at a price of $1.22 per bushel, f. o. b. Jamestown, North Dakota, delivery to be made by Mutschler during March and April of 1973 (hereinafter called the "delivery period"). The Plaintiff alleged that by reason of Defendant's breach in failure to deliver grain trucks, the contract terminated A......read more.


Summary: 58 F. Supp. In such action, the seller shall be liable for reasonable attorney's fees and costs as determined by the court, plus whichever of the following sums is the greater: (1) Such amount not more than three times the amount of the overcharge, or the overcharges, upon which the action is based as the court in its discretion may determine; or (2) an amount not less than $25 nor more than $50, as the court in its discretion may determine: Provided, however, That such amount shall be the amoun......read more.


Summary: 142 F. Supp. I. Introduction Plaintiffs have moved this court for a preliminary injunction to enjoin the defendants from enforcing certain recently adopted rule clarifications for "modified" stock car racing and mandating that defendants allow Wissota racers, who wish to, the ability to use plaintiffs' transmission products. al., 811 F.2d 414, 418 (8th Cir.1987) (noting that "[t]he failure to show irreparable harm is, by itself, a sufficient ground upon which to deny a preliminary injunction"). ......read more.


Summary: 330 F. Supp. Anderson v. N.D. State Hosp., 232 F.3d 634, 635 (8th Cir.2000) (quoting Pace v. City of Des Moines, 201 F.3d 1050, 1052 (8th Cir.2000)). (quoting Pace, 201 F.3d at 1052). Burchett v. Target Corp., 340 F.3d 510, 516 (8th Cir.2003). (quoting Rose-Maston v. NME Hosps., Inc., 133 F.3d 1104, 1107 (8th Cir.1998)). Chiron Corp. v. Genentech, Inc., 363 F.3d 1247, 1253 (Fed.Cir.2004) (citing 35 U.S.C. § 282 (2002)). Eaton Corp. v. Rockwell Int'l Corp., 323 F.3d 1332, 1344 (Fed.Cir.2003) (quo......read more.


Summary: 376 F. Supp. Falcon, on May 7, moved this Court to quash an attempted service of process, or in the alternative to dismiss the action for failure to state a claim upon which relief can be granted, or in the alternative to change the venue of this action to Kansas. I. MOTION TO QUASH SERVICE OF PROCESS Contentions of the Parties Falcon's motion to quash service of process is based upon a claim that the court lacks jurisdiction over the defendant, the contention being that the contacts of the defe......read more.


Summary: 663 F. Supp. The factual background of the supplemental complaint is provided in Coleman v. Block, 632 F. Supp. The third and fifth claims allege that no hearing or appeals process was available to borrowers who were unable to reach agreement with the FmHA county supervisor on the use of future farm income, or who were denied requested releases of security for living and operating expenses, in violation of the due process clause of the Fifth Amendment to the United States Constitution. Five of t......read more.




Summary: 275 F. Supp. 806 (1967) WAHPETON PROFESSIONAL SERVICES, P. C., a corporation, organized under the laws of the State of North Dakota; E. R. Wasemiller, M. E. Beltz, Glenn L. Wiltse, and Wendell H. Wall, Plaintiffs, v. F. G. KNISKERN, District Director of Internal Revenue, Fargo, North Dakota, Defendant.


Summary: 326 F. Supp. 59 (1951); accord U.S. v. Selberg, 630 F.2d 1292, 1294 (8th Cir.1980) (acknowledging the burden to establish either a consent to the search, search incident to a lawful arrest, or the hot pursuit exception). U.S. v. Hathcock, 103 F.3d 715, 719 (8th Cir.1997) (citing U.S. v. Chaidez, 906 F.2d 377, 380 (8th Cir.1990)). U.S. v. Francis, 327 F.3d 729, 735 (8th Cir.2003); accord U.S. v. Gill, 354 F.3d 963, 969 (8th Cir.2004) (holding that a police officer's discovery of handgun visible t......read more.


Summary: 402 F. Supp. United States v. Alberts, 721 F.2d 636, 638 (8th Cir.1983). United States v. Rowland, 341 F.3d 774, 779 (8th Cir.2003) (citing South Dakota v. Opperman, 428 U.S. 364, 376, 96 S. Ct. 3092, 49 L. Ed. United States v. Marshall, 986 F.2d 1171, 1174 (8th Cir.1993). United States v. Petty, 367 F.3d 1009, 1011 (8th Cir.2004). United States v. Marshall, 986 F.2d 1171, 1174 (8th Cir.1993) (citing Opperman, 428 U.S. 364, 372, 96 S. Ct. 3092, 49 L. Ed. United States v. Petty, 367 F.3d 1009, 10......read more.