Berg v. Dakota Boys Ranch Assoc.
Evan Berg, Plaintiff and Appellee
Dakota Boys Ranch Association, Defendant and Appellant
North Central Judicial District,
Judge Robert W. Holte
|Nature of Action:||Employer/Employee Dispute|
|Term:||04/2001  Argument: 04/17/2001|
|ND cite:||2001 ND 122|
629 N.W.2d 563
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Does a General Release signed by a former employee after his discharge bar his claim for wrongful discharge, as a matter of law?
2. Under N.D.R.Evid. 408 on Compromises, was it reversible error for the trial court to admit a compromise settlement into evidence in a jury trial of the employee's disputed claim for wrongful discharge?
Appellee's Statement of the Issues:
1. Contract recission was not raised prior to appeal and is therefore barred for argument on appeal.
2. There were sufficient questions of fact regarding the validity of the general release to support the District Court's Order denying the Motion for Summary Judgment.
3. The Separation Agreement and General Release, Exhibit 13, was admitted into evidence for a valid purpose under Rule 408 of the North Dakota Rules of Evidence.
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|1||11/03/2000 NOTICE OF APPEAL: 11/01/2000|
|2||11/03/2000 ORDER FOR TRANSCRIPT: 11/02/2000|
|3||12/04/2000 RETENTION OF RECORD ON APPEAL: 01/21/2001|
|4||12/19/2000 MOT. EXT/TIME TRANSCRIPT|
|5||12/19/2000 ACTION BY TRIAL COURT. Granted: 01/21/2001|
|6||01/19/2001 TRANSCRIPT commencing August 28, 2000 (3 Volumes & Master Index)|
|7||01/22/2001 DISK - TRA (8-28-00 through 8-30-00)|
|8||01/23/2001 RECORD ON APPEAL, Deposition, & Exhibits. Not rec'd: Nos.60,61,62 (Large Charts, Evaluation Exhs.|
|9||01/23/2001 9A,9B,&9C), 63,64,&65(Large Charts-Evaluation Exhs. 10A,10B,10C),66(Clinic Staff Membership Exh.11)|
|10||01/23/2001 67 (Large Chart - Personnel Calendar Exh. 12), 68 (Large Chart - Separation Agreement Exh. 13)|
|11||02/26/2001 APPELLANT BRIEF|
|12||02/26/2001 Addendum to Appellant Brief|
|13||02/26/2001 APPELLANT APPENDIX|
|14||02/27/2001 DISK of ATB|
|15||03/30/2001 APPELLEE BRIEF|
|16||03/30/2001 Addendum to Appellee Brief|
|17||04/04/2001 DISK - AEB|
|18||04/10/2001 REPLY BRIEF of Appellant|
|19||04/11/2001 DISK - RYB|
|20||04/17/2001 APPEARANCES: Mark R. Hays; Richard L. Hagar|
|21||04/17/2001 ARGUED: Hays; Hagar (Vol. X; page 124)|
|22||04/17/2001 ORAL ARGUMENT WEBCAST|
|23||07/10/2001 DISPOSITION: AFFIRMED|
|24||07/10/2001 UNANIMOUS OPINION: Neumann, William A.|
|25||07/10/2001 Costs on appeal taxed in favor of appellee|
|26||07/11/2001 Order/Judgment Mailed to Parties|
|28||12/20/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|29||07/10/2007 EXPUNGED - Nonpermanent record items destroyed|