California judge says right to jury trial overrides agreement to litigate in Delaware

Delaware Business Court Insider

A California plaintiff can’t be made to take his case to the Delaware Court of Chancery, a Los Angeles County Superior Court judge has ruled in what that plaintiff’s attorney says is likely the first decision to address the issue.

The trial judge’s ruling in the case filed by William West against Access Control Related Enterprises LLC, issued by Judge David J. Cowan of the Los Angeles County Superior Court on July 29, stated that enforcing a forum selection clause requiring a California resident to pursue a case in the Court of Chancery violates Californians’ constitutional right to a jury trial, unless a defendant can prove doing so would not infringe on that right.

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How Delaware courts have kept running during COVID-19

Delaware Business Court Insider

More than three months since Delaware’s judiciary first declared a state of emergency, state courts have reported there likely won’t be much of a case load to catch up on as courthouse activity ramps back up.

Since courtrooms were first closed to the public March 23 in response to the COVID-19 pandemic, the judiciary and attorneys have been using remote methods to keep cases moving, many of which are being carried into the courts’ reopening stages.

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Redefining homework: South Dakota educators bring varied virtual classrooms to students

The Daily Republic

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It’s been 10 weeks since South Dakota teachers last saw their students without the use of a computer screen, and with the school year now coming to a close and fall plans uncertain due to COVID-19, it will be several more months at least before they’ll again teach face to face.

When Gov. Kristi Noem first closed South Dakota’s schools in mid-March and those closures were eventually stretched through the end of the school year, districts across the state quickly cobbled together distance learning plans from various combinations of familiar and new online programs, pencil-and-paper handoffs of classwork and, for some, existing plans already developed in case of school closures longer than a snow day or two.

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100 years apart, SD cities’ restrictions similar during COVID-19, Spanish flu pandemics

The Daily Republic

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As the number of confirmed COVID-19 cases continues to creep upward, local government leaders across South Dakota are making decisions about what should be closed, restricted or cancelled in what feels for most like an unprecedented pandemic.

Just over a century ago, those leaders’ predecessors were making similar decisions to shut down schools, limit public gatherings and close entertainment venues in attempts to slow the spread of the Spanish flu. On Friday, Mitchell became the latest South Dakota city to have an ordinance regulate aspects of local businesses with the goal of slowing COVID-19’s spread.

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With 12 positive COVID-19 cases, Beadle County, Huron begin business closures

The Daily Republic

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HURON — With what is believed to be South Dakota’s first community spread of COVID-19 leading to a swell in positive cases, the city of Huron and Beadle County decided Sunday to put restrictions on businesses.

During a joint meeting of the Huron City Commission and Beadle County Commission, the city and county each passed an ordinance and resolution closing recreational facilities, halting dine-in service at all restaurants and bars and banning gatherings of 10 or more people socially or at a business beginning Monday. The decision marks the first government-mandated business restrictions in the state aimed at reducing the virus’ spread.

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Mount Vernon man convicted of $400K in grain theft says he’s innocent, didn’t understand plea

The Daily Republic

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It’s been just under two years since Merle Northrup was convicted of stealing more than $400,000 worth of grain from a Mount Vernon farming family.

After a year and a half in prison and about five months on parole, Northrup, 50, says he’s living from one two-week paycheck advance to another and expects to spend the rest of his life repaying restitution for a crime he told The Daily Republic he didn’t commit.

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New judge to be appointed in Corsica cattle case

The Daily Republic

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ARMOUR — A year after it was filed, a Douglas County foreclosure case involving millions of dollars and thousands of nonexistent cattle is awaiting a new judge.

During what was originally scheduled to be a hearing to address payment of agister’s liens, Judge Bruce Anderson, who has handled the case against Robert and Becky Blom since it was filed by First Dakota National Bank on Feb. 8, 2019, recused himself on Thursday afternoon, stating the case is so complicated it requires the attention of a judge who has more time.

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Buckling down: Fatalities, safety laws both touted as minimal on SD roads

The Daily Republic

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Fewer people died in crashes in 2019 than in any other recent year in South Dakota, but the state still lags behind the rest of the country in its implementation of highway safety laws.

Last week, Advocates for Highway and Auto Safety, a nationwide organization that promotes the passage of federal and state laws as a means of preventing crashes, released a report that ranked each state by how closely its laws matched those the organization recommended, including those related to age restrictions, seat belt and car seat usage and distracted driving.

The report found that South Dakota currently has two of those 16 recommended laws in place, fewer than any other state in the country.

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South Dakota sees increase in juvenile diversion program success

The Daily Republic

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More at-risk South Dakota youth successfully completed diversion programs in 2019 than in any other year since juvenile justice reforms went into effect, according to a report issued last week.

The report is the fourth issued since the formation of the South Dakota Juvenile Justice Oversight Council in 2015, when the state passed the Juvenile Justice Public Safety Improvement Act, which was aimed at finding community-based alternatives to Department of Corrections supervision for minors.

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