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This profile was last updated on 6/16/15  and contains information from public web pages and contributions from the ZoomInfo community.

Derrick Braaten

Wrong Derrick Braaten?


Phone: (701) ***-****  HQ Phone
Baumstark Braaten Law Partners
109 North 4th Street
Bismarck , North Dakota 58501
United States

Company Description: Baumstark Braaten Law Partners are a general civil practice law firm established January 1, 2005 by Sarah Vogel and Beth Angus Baumstark to provide the very highest...   more

Employment History

14 Total References
Web References
For the 2013 legislative session, ..., 9 Jan 2013 [cached]
For the 2013 legislative session, concerns of the NWLA will be voiced by Derrick Braaten, a partner in Baumstark Braaten Law Partners, Bismarck.
"Most of the testimony will come from the membership," Coons said, adding that NWLA members would also be coordinating efforts with Braaten to research and prepare information for legislators.
"It's like we brought an action ..., 23 Dec 2014 [cached]
"It's like we brought an action in district court, and the district judge is acting like we are suing them, even though what we are really asking for is a decision," said Derrick Braaten, Peterson's attorney.
"They quite literally put themselves on the side of the oil companies," Braaten said.
Independent testing has shown that high concentrations of contaminants remain in the soil, Peterson and Braaten said.
"We have had some of our experts go out and they found significantly elevated levels of chlorides, which is an obvious indication that there is still saltwater contamination that exists in the area," Braaten said.
Braaten, a lawyer with Baumstark Braaten Law Partners in Bismarck, said at this point, he is unsure how to proceed with the case.
"It's weird because the complaint we actually brought was against these operators for spills and other violations," Braaten said. "What we were asking for was the Industrial Commission to look at this and determine whether they were in violation of statutes and regulations, and if they were, to enforce those statutes and regulations."
Braaten said he sent out a letter stating that, to his understanding, the Industrial Commission was supposed to serve as the adjudicating body and not a party to the lawsuit.
But Braaten said the attorneys for the state responded with: "No, we're a respondent. We're getting sued here. We're a party."
Braaten said he disagreed with that fact. He said if Peterson actually wanted to sue the state, he could have done so under different legal standing, but they chose not to go down that path.
"Quite frankly, as an attorney, I don't know what to do about that," Braaten said.
"They have decided that they are a party, and that they are on the defense."
Braaten said the oddest thing about the current circumstances is that the case will still be heard in front of the Industrial Commission, even though they are now a defendant in the case.
"It's confusing to me because they are supposed to be the independent objective decision-maker, not the defendant," Braaten said.
While the case will have to be heard in front of the Industrial Commission first, Braaten said Peterson had the right to appeal the case to a district court.
The one benefit to the state becoming party to the case, Braaten said, is that more state officials are now open to deposition and the legal discovery process.
While his law firm would have had access to Department of Health officials before, Braaten said the state's decision to become a quasi-defendant allows his law firm to collect evidence from the Oil and Gas Division, too.
Braaten said it was never his intention to depose officials like Lynn Helms, director of the Department of Mineral Resources, and Dave Glatt, the director of the Department of Health, but the circumstances have forced his hand.
"The ultimate goal is simply to ..., 10 Nov 2013 [cached]
"The ultimate goal is simply to require the operators to comply with North Dakota law, and the result of that is the mineral owners are paid royalties on flared gas," said Derrick Braaten with Baumstark Braaten Law Partners in Bismarck.
The value of natural gas may be insignificant compared to the value of the oil, but if companies are forced to meet their obligation to pay royalties on that flared gas, they will have an incentive to reduce the flaring, Braaten said.
North Dakota Accident Lawyer News, 6 May 2011 [cached]
Derrick Braaten, attorney for Baumstark Braaten Law Partners in ...
Also speaking at the meeting was ..., 21 Nov 2010 [cached]
Also speaking at the meeting was Derrick Braaten, an attorney with the Sarah Vogel Law Partners in Bismarck, a firm that works primarily with agricultural issues.
"A lot of people are running into the surface issues up here," Braaten said. He said he encourages people who are beginning to deal with oil companies to go to their neighbors and see what kind of deal they're getting.
"I've seen situations where there's a guy less than a mile away and one of them gets a good deal, gets a great agreement and has them sign a contract, and the other one gets an $8,000 payment and that's it," he said. "And if they had just talked to each other, they probably would have ended up with the same package."
He also encouraged people to work together when dealing with the companies.
"If you have five individuals negotiating with a company on surface damages, it's not going to be as effective as if those five individuals band together and make joint offers," Braaten said.
Braaten also pointed out that the section of the North Dakota Century Code known as the "Surface Owner Protection Act" is - just as it sounds - specifically worded to be interpreted to protect surface owners.
"I do think, in a lot of situations, if the companies aren't 'playing ball,' and they aren't offering what you think is a reasonable amount for damages, then it may be worth your while to at the very least look into bringing a lawsuit against them," Braaten said.
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