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Mar 29, 2018

North Dakota Supreme Court Success

We are excited to report a second successful North Dakota Supreme Court decision for Ebeltoft . Sickler! Not only is it a huge victory for our client, but it has established new law in North Dakota. Here’s the link: http://www.ndcourts.gov/court/opinions/20170130.htm, and a brief summary:

Attorneys Nicholas Grant and Allison Mann recently secured a procedural victory for one of Ebeltoft . Sickler . Lawyers’ clients in James Vault & Precast Co. v. B&B Hot Oil Service, Inc., 2018 ND 63 at the North Dakota Supreme Court. The Firm represented B&B Hot Oil Service, Inc. in a multi-claim, multi-party lawsuit. Nick successfully secured a finding of no liability on behalf of B&B through summary judgment, and in 2014, B&B was dismissed from the lawsuit. The Plaintiffs had claims pending against another Defendant in the lawsuit. On the eve of trial, the Plaintiffs and remaining Defendant stipulated that the remaining claims would be dismissed without prejudice in order for the Plaintiffs to immediately appeal the dismissal of B&B.

The Firm filed a Motion to Dismiss the Plaintiffs’ appeal on the grounds that the stipulated dismissal without prejudice was contrary to the North Dakota Supreme Court’s procedural rules requiring finality in multi-claim litigation prior to appeal. The Supreme Court agreed and held that it will not exercise appellate jurisdiction in cases in which parties voluntarily dismiss without prejudice all remaining unadjudicated claims with an intent to circumvent the requirements of its procedural rules and artificially manufacture finality for purposes of appellate jurisdiction. Thus, the Plaintiffs’ appeal was dismissed.