watchmaker49 Posted May 4, 2012 Share Posted May 4, 2012 Reed is no clown. He's forgotten more about Indian Law than anyone on this listerv or 95% of the attorneys in ND will ever know. The lawsuit was not about Indian law though. Quote Link to comment Share on other sites More sharing options...
Chewey Posted May 4, 2012 Share Posted May 4, 2012 The lawsuit was not about Indian law though. Indian law is addressed through the tribal courts/federal courts and some of the claims were based upon native american customs, etc. which are quite arcane to most lawyers unless they specialize in that indian law area much like bankruptcy or workers compensation - two other areas that have their own specialized court systems. Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted May 4, 2012 Share Posted May 4, 2012 Indian law is addressed through the tribal courts/federal courts and some of the claims were based upon native american customs, etc. which are quite arcane to most lawyers unless they specialize in that indian law area much like bankruptcy or workers compensation - two other areas that have their own specialized court systems. He may know Indian law but he should have hired you or someone else that could articulate it better than he did. Workers comp has a court system? I thought all they had to do was deny you and the game was over. How many lawyers do you know that will even take on a workers comp claim in North Dakota playing against such a staked deck? Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted May 4, 2012 Share Posted May 4, 2012 Reed is no clown. He's forgotten more about Indian Law than anyone on this listerv or 95% of the attorneys in ND will ever know. That may be, but he appeared far out of his depth in Judge Erickson's court room. Quote Link to comment Share on other sites More sharing options...
Chewey Posted May 4, 2012 Share Posted May 4, 2012 He may know Indian law but he should have hired you or someone else that could articulate it better than he did. Workers comp has a court system? I thought all they had to do was deny you and the game was over. How many lawyers do you know that will even take on a workers comp claim in North Dakota playing against such a staked deck? ND's system is rigged and quite unfair to any claimant but ND runs claims through a state agency that I think companies pay into. Workers comp is big business in Minnesota because one is working against private insurers and self-insured businesses like Wal-Mart. I would not want to do that line of work in ND; I don't do it anyway in MN. Being a bankruptcy attorney in ND would also be a bad idea at this point. Ironically, insurers are good for claimants in MN whereas a state agency whom the ND taxpayers no doubt support in ND is really nothing more than a taxpayer subsidized functionality depriving people of actual meaningful redress as to some very valid claims. It's an antiquated paradigm and probably designed, in no small part, by business lobbyists at the time in collaboration with their contacts in the state legislature. Quote Link to comment Share on other sites More sharing options...
Chewey Posted May 4, 2012 Share Posted May 4, 2012 That may be, but he appeared far out of his depth in Judge Erickson's court room. As you have indicated, it was/is a tough hill to ascend. There were some valid grounds that could have conferred standing but the judge disagreed, of course. He also disagreed as to the 1969 pipe ceremony. Rights or privileges conferred by such ceremonies are recognized as valid and binding and I believe there is a Supreme Court case to that effect, though the name escapes me now. Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted May 4, 2012 Share Posted May 4, 2012 ND's system is rigged and quite unfair to any claimant but ND runs claims through a state agency that I think companies pay into. Workers comp is big business in Minnesota because one is working against private insurers and self-insured businesses like Wal-Mart. I would not want to do that line of work in ND; I don't do it anyway in MN. Being a bankruptcy attorney in ND would also be a bad idea at this point. Ironically, insurers are good for claimants in MN whereas a state agency whom the ND taxpayers no doubt support in ND is really nothing more than a taxpayer subsidized functionality depriving people of actual meaningful redress as to some very valid claims. It's an antiquated paradigm and probably designed, in no small part, by business lobbyists at the time in collaboration with their contacts in the state legislature. We sure agree on this. It seems sometimes that WSI in ND spend more time and money not paying a claim than paying the claim. The biggest mis-conception about workers comp is that it is an insurance policy for the worker. Heck all it is really is a protection plan for business to ignore safety issues, or what have you, and when the worker gets hurt they can not be held liable for it. You mention being a bankruptcy lawyer is a bad idea. Could you explain as to why? What the heck is going on there? By the way I may rag on you but I do know that you are one smart cookie. Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted May 4, 2012 Share Posted May 4, 2012 As you have indicated, it was/is a tough hill to ascend. There were some valid grounds that could have conferred standing but the judge disagreed, of course. He also disagreed as to the 1969 pipe ceremony. Rights or privileges conferred by such ceremonies are recognized as valid and binding and I believe there is a Supreme Court case to that effect, though the name escapes me now. As Judge Erickson asked Soderstrom, just because the name is given does it force UND to use it? When Soderstrom couldn't answer 'yes' that surely didn't help his case. Quote Link to comment Share on other sites More sharing options...
Chewey Posted May 4, 2012 Share Posted May 4, 2012 As Judge Erickson asked Soderstrom, just because the name is given does it force UND to use it? When Soderstrom couldn't answer 'yes' that surely didn't help his case. Reed indicated that it was akin to a binding contract. Judge Erickson did not buy it and that is to be respected even in spite of not agreeing with it. Quote Link to comment Share on other sites More sharing options...
Chewey Posted May 4, 2012 Share Posted May 4, 2012 We sure agree on this. It seems sometimes that WSI in ND spend more time and money not paying a claim than paying the claim. The biggest mis-conception about workers comp is that it is an insurance policy for the worker. Heck all it is really is a protection plan for business to ignore safety issues, or what have you, and when the worker gets hurt they can not be held liable for it. You mention being a bankruptcy lawyer is a bad idea. Could you explain as to why? What the heck is going on there? By the way I may rag on you but I do know that you are one smart cookie. I am down the totem pole cognitive-wise. You're dead on about Workers Comp. It's more about protecting businesses and employers who pay into it than protecting employees and/or compensating them. Bankruptcy law is a volume practice, at least when one represents debtors. ND is the one place in the country where people are employed so not many are going to be filing for bankruptcy relief. A trustee whom I know and who was a running back for NDSU indicated that the ND Chapter 13 trustee for all of the state had a total of 600 cases to administer and that's very slim. Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted May 4, 2012 Share Posted May 4, 2012 I am down the totem pole cognitive-wise. You're dead on about Workers Comp. It's more about protecting businesses and employers who pay into it than protecting employees and/or compensating them. Bankruptcy law is a volume practice, at least when one represents debtors. ND is the one place in the country where people are employed so not many are going to be filing for bankruptcy relief. A trustee whom I know and who was a running back for NDSU indicated that the ND Chapter 13 trustee for all of the state had a total of 600 cases to administer and that's very slim. Thank you. I thought that might have been something smelly about the way cases were being handled by the court. Quote Link to comment Share on other sites More sharing options...
Chewey Posted May 4, 2012 Share Posted May 4, 2012 Thank you. I thought that might have been something smelly about the way cases were being handled by the court. Their bankruptcy court clerk's office does a pretty good job and they just got a new bankruptcy judge who is a UND grad who seems to be doing well. ND has some pretty decent exemptions for bankrupts so that they can keep property to reorganize with. Also ironically, the amended code of 2005 was actually a boon for debtor-lawyers and for debtors. If the amendments were interpreted literally, it would be even more beneficial than the pre-2005 version. Drafted by credit card lobbyists and mortgage servicer lobbyists instead of bankruptcy academics, there are a lot of inconsistencies in the language that result in unintended graces for debtors. Pretty funny that the credit card lobbyists invested over 100 million over 8 years and still get screwed over by the code that their lobbyists drafted. They did draft it irrespective of what Charles Grassley, one of the biggest recipients of credit card $$ in the Senate, says. Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted May 4, 2012 Share Posted May 4, 2012 Indulge me for a few moments here while I go back to the conversation earlier in this thread about "modest sanctions". Some asked if that was like sorta dead or kinda pregnant. Thinking more about it I think it better compares to "modest torture": We'll just put bamboo under the fingernails, pull out a couple molars with a pliers, and open a couple deep cuts and rub in some dog crap; it's just modest torture. It's not like we're attaching live jumper cables to the scrotal sac or anything. 1 Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted May 4, 2012 Share Posted May 4, 2012 Their bankruptcy court clerk's office does a pretty good job and they just got a new bankruptcy judge who is a UND grad who seems to be doing well. ND has some pretty decent exemptions for bankrupts so that they can keep property to reorganize with. Also ironically, the amended code of 2005 was actually a boon for debtor-lawyers and for debtors. If the amendments were interpreted literally, it would be even more beneficial than the pre-2005 version. Drafted by credit card lobbyists and mortgage servicer lobbyists instead of bankruptcy academics, there are a lot of inconsistencies in the language that result in unintended graces for debtors. Pretty funny that the credit card lobbyists invested over 100 million over 8 years and still get screwed over by the code that their lobbyists drafted. They did draft it irrespective of what Charles Grassley, one of the biggest recipients of credit card $$ in the Senate, says. That is very nice to hear that the credit-card companies expensive lobbyists screwed up. The little guy gets one. Funny though how corporate bankruptcies still seem to favor the big dogs. Look at Station Casinos scam they pulled. They did not fix that but they tried to fix it against the little guys. Quote Link to comment Share on other sites More sharing options...
82SiouxGuy Posted June 1, 2012 Share Posted June 1, 2012 The Committee is planning to appeal the dismissal of their lawsuit. They filed a notice with the court yesterday. Someone needs to convince them to let it go. Quote Link to comment Share on other sites More sharing options...
darell1976 Posted June 1, 2012 Author Share Posted June 1, 2012 The Committee is planning to appeal the dismissal of their lawsuit. They filed a notice with the court yesterday. Someone needs to convince them to let it go. I will on June 12th. Quote Link to comment Share on other sites More sharing options...
darell1976 Posted June 1, 2012 Author Share Posted June 1, 2012 http://www.grandforksherald.com/event/article/id/237765/group/homepage/ Fighting Sioux nickname supporters at the Spirit Lake Sioux Tribe have signaled they intend to appeal U.S. District Judge Ralph Erickson’s dismissal of their lawsuit against the National Collegiate Athletic Association. A notice of intent to appeal was filed with the 8th U.S. Circuit Court of Appeals earlier this week by Reed Soderstrom, a Minot attorney who represents the pro-nickname Committee for Understanding and Respect, which sued the NCAA over its efforts to have UND drop the nickname and related Indian-head logo. People are going to vote YES on measure 4...because they don't want to keep reading things like this all the time. Its over Soderstrom. 1 Quote Link to comment Share on other sites More sharing options...
82SiouxGuy Posted June 1, 2012 Share Posted June 1, 2012 http://www.grandfork...group/homepage/ People are going to vote YES on measure 4...because they don't want to keep reading things like this all the time. Its over Soderstrom. A revised version of the article is up now. Soderstrom is going to base his appeal on the pipe ceremony and his assertion that the ceremony should make the tribes "indispensable parties" to the dispute. He also wonders if he tried to throw too much stuff into the original lawsuit. He says that he has 40 days to file his brief, and the NCAA will have to file another brief. He didn't know if the court would hear oral arguments. He felt that a final decision would be reached "by the end of the year". He won't admit it, but obviously he is trying to get more publicity and build false hope for his supporters to get votes and maybe to help get signatures on the petition. There isn't enough evidence to support the pipe ceremony in a court of law, and the tribes were not party to the contract so they don't have standing to sue. Quote Link to comment Share on other sites More sharing options...
ScottM Posted June 2, 2012 Share Posted June 2, 2012 A revised version of the article is up now. Soderstrom is going to base his appeal on the pipe ceremony and his assertion that the ceremony should make the tribes "indispensable parties" to the dispute. He also wonders if he tried to throw too much stuff into the original lawsuit. He says that he has 40 days to file his brief, and the NCAA will have to file another brief. He didn't know if the court would hear oral arguments. He felt that a final decision would be reached "by the end of the year". He won't admit it, but obviously he is trying to get more publicity and build false hope for his supporters to get votes and maybe to help get signatures on the petition. There isn't enough evidence to support the pipe ceremony in a court of law, and the tribes were not party to the contract so they don't have standing to sue. I wonder if he'll trot out the "Divine Providence" argument. That's always a winner. Good thing SL's getting its money's worth with this loser. Quote Link to comment Share on other sites More sharing options...
jodcon Posted June 2, 2012 Share Posted June 2, 2012 And the beat goes on... Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted June 3, 2012 Share Posted June 3, 2012 http://www.grandfork...group/homepage/ People are going to vote YES on measure 4...because they don't want to keep reading things like this all the time. Its over Soderstrom. It was over 7 years ago and still people trotted on doing what you now are blasting Soderstrom for. Quote Link to comment Share on other sites More sharing options...
ScottM Posted July 7, 2012 Share Posted July 7, 2012 As good as place as any ... but perhaps the SL leadership has more pressing issues to address than the Sioux moniker. http://www.nytimes.com/2012/07/08/us/child-welfare-dangers-seen-on-spirit-lake-reservation.html?_r=1&hp&pagewanted=all Quote Link to comment Share on other sites More sharing options...
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