DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163467P.pdf 05/07/2018 Lonesome Dove Petroleum, Inc. v. John H. Holt
U.S. Court of Appeals Case No: 16-3467
and No: 16-3611
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Murphy, Author, with Smith, Chief Judge, and Colloton,
Circuit Judges]
Civil case - Oil and Gas. The district court did not err in granting
defendants' motion for summary judgment on plaintiff's claim of negligent
misrepresentation regarding lease deals as plaintiff failed to allege any
specific damage from the misrepresentations; with respect to plaintiff's
claim for unjust enrichment, the district court did not err in granting
defendant's motion for summary judgment as plaintiff had a remedy at law
and did not present any specific facts to illustrate a benefit to
defendant Holt; no error in denying plaintiff's motion for an equitable
accounting as plaintiff had an adequate remedy at law; the jury was
presented with substantial evidence on the meaning and provisions of the
parties' joint venture agreement, as well as their performance under it,
and could not be said that the jury verdict for defendants was against the
weight of the evidence.