Midwest Federal v. Dickinson Econo-Storage

5 Citing cases

  1. Rocket Dogs K-9 Aquatics & Wellness Ctr. v. Derheim, Inc.

    2023 N.D. 103 (N.D. 2023)

    [¶8] "[A]n attorney may not compromise a client's claims in the absence of express authority[,] and . . . an attorney may not waive a client's substantial rights without the client's consent." Ryberg, 2021 ND 56, ¶ 14; see also Midwest Fed. Sav. Bank v. Dickinson Econo-Storage, 450 N.W.2d 418, 421 (N.D. 1990). Whether an attorney has been given express authority to settle a claim normally presents a question of fact.

  2. Ryberg v. Landsiedel

    2021 N.D. 56 (N.D. 2021)   Cited 8 times

    [¶14] This Court has recognized that an attorney may not compromise a client's claims in the absence of express authority and that an attorney may not waive a client's substantial rights without the client's consent. Midwest Fed. Savings Bank v. Dickinson Econo-Storage , 450 N.W.2d 418, 421 (N.D. 1990). Whether an attorney has been given express authority to settle a claim normally presents a question of fact.

  3. Luethke v. Suhr

    264 Neb. 505 (Neb. 2002)   Cited 10 times

    See, also, e.g., Malave v. Carney Hosp., 170 F.3d 217 (1st Cir. 1999) (construing federal law); Garabedian v. Allstates Engineering Co., 811 F.2d 802 (3d Cir. 1987) (apparently construing Pennsylvania law); Blanton v. Womancare Inc., 38 Cal.3d 396, 696 P.2d 645, 212 Cal.Rptr. 151 (1985); Cross v. Dist. Court In For 1st Jud. Dist., 643 P.2d 39 (Colo. 1982); Dillon v. City of Davenport, 366 N.W.2d 918 (Iowa 1985); Clark v. Burden, 917 S.W.2d 574 (Ky. 1996); Hallock v. State, 64 N.Y.2d 224, 474 N.E.2d 1178, 485 N.Y.S.2d 510 (1984); Midwest Federal v. Dickinson Econo-Storage, 450 N.W.2d 418 (N.D. 1990); NEET v. Silver Street Partnership, 148 Vt. 99, 528 A.2d 1117 (1987); Hays v. Fischer, 161 Ariz. 159, 777 P.2d 222 (Ariz.App. 1989); Kazale v. Kar-Lee Flowers, 185 Ill. App.3d 224, 541 N.E.2d 219, 133 Ill. Dec. 382 (1989); Townsend v. Square, 643 So.2d 787 (La.App. 1994); Gojcaj v Moser, 140 Mich. App. 828, 366 N.W.2d 54 (1985); Schumann v. Northtown Ins. Agency, Inc., 452 N.W.2d 482 (Minn.App. 1990); Southwestern Bell Yellow Pages v. Dye, 875 S.W.2d 557 (Mo.App. 1994); Amatuzzo v. Kozmiuk, 305 N.J. Super. 469, 703 A.2d 9 (1997); Royal v. Hartle, 145 N.C. App. 181, 551 S.E.2d 168 (2001); Annot., 90 A.L.R.4th 326 (1991). The appellants argue, however, that under Nebraska agency law, Wickenkamp can bind Luethke to a settlement because she acted with apparent authority in her correspondence with Plessman. The appellants cite Nebraska cases where a lawyer acted with apparent authority and, under agency law, bound the client to the lawyer's action.

  4. First Western Bank of Minot v. Wickman

    500 N.W.2d 896 (N.D. 1993)   Cited 4 times

    Taggares Co., 94 Wn.2d 298, 616 P.2d 1223 (1980). Cf., e.g., Midwest Federal Savings Bank v. Dickinson Econo-Storage, 450 N.W.2d 418, 421 (N.D. 1990) ["without the consent of the client, an attorney may not waive his or her client's substantial rights"]. Here, the trial court knew that Wickmans' counsel was without authority, either express or apparent, to waive jury trial.

  5. Resolution Trust v. Dickinson Econo-Storage

    474 N.W.2d 50 (N.D. 1991)   Cited 12 times

    The trial court granted Midwest Federal's motion for summary judgment based upon the settlement, concluding that counsel had the authority to bind Econo-Storage to the agreement. We reversed that summary judgment on appeal. Midwest Federal Savings Bank v. Dickinson Econo-Storage, 450 N.W.2d 418 (N.D. 1990). Midwest Federal was declared insolvent and RTC was substituted as plaintiff in this action.