Employment Law Court Rulings

An employer of an independent contractor generally is not liable for the negligence of the independent contractor. North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts. A contracting party cannot escape its liability on the contract by merely…

The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule. A district court's determination of whether the facts support a finding of unjust enrichment is fully reviewable on appeal. An award of damages for an unjust enrichment claim is reviewed under…

An employer of an independent contractor generally is not liable for the negligence of the independent contractor. North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts. A contracting party cannot escape its liability on the contract by merely…

This is the second appeal of a case in which a parcel of property was sold by the City of Chattanooga at a delinquent tax sale. The property had earlier been sold at a foreclosure sale conducted by the holder of a deed of trust on the property. The successor in interest to the purchaser of the…

Following settlor's death, settlor's daughters, the beneficiaries of the settlor's trust, engaged in mediation, which resulted in a settlement agreement concerning the distribution of the trust's assets. Before the settlement was approved by the trial court under the Tennessee Uniform Trust Act…