Grey Bear v. ND Dept. of Human Services

20010241 Delano Grey Bear, Plaintiff and Appellant
v.
North Dakota Department
of Human Services, Defendant and Appellee
v.
Robert V. Bolinske, Additional Defendant on
Counterclaim and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gary A. Holum
Nature of Action: Other (Civil)
Counsel:
Appellant: Robert V. Bolinske
Appellee: Jean R. Mullen , Att. General Office
Term: 01/2002   Argument: 01/30/2002  2:45pm
ND cite: 2002 ND 139
NW cite: 651 N.W.2d 611

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did Grey Bear make only a partial assignment?
2. In the alternative, did Grey Bear make a total assignment?
3. Did the District Court err on the issue of costs?
4. Did the District Court lack personal jurisdiction over Bolinske?
5. Did the District Court err on the issue of attorneys fees?

Appellee's Statement of the Issues:
1. Whether federal and state law require reimbursement to the State Medicaid Agency by a Medicaid recipient from funds received from a third-party tortfeasor for medical expenses which have been paid by the Medicaid Agency.
2. Whether the district court had personal jurisdiction over the Plaintiff's attorney on the Defendant's counterclaim.
3. Whether the district court erred in denying the motion to amend the judgment concerning the Department's payment of costs to Plaintiff's attorney.
4. Whether the attorney's fees allowed by the district court for Plaintiff's attorney's services on the malpractice claim were unreasonable.

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Docket entries:
110/01/2001 NOTICE OF APPEAL: 09/27/2001
210/26/2001 RECORD ON APPEAL
311/06/2001 MOT. EXT/TIME APPELLANT BRIEF
411/06/2001 ACTION BY CLERK (MAT). Granted: 11/16/2001
511/16/2001 APPELLANT BRIEF
611/16/2001 APPELLANT APPENDIX
711/30/2001 DISK - ATB
812/19/2001 APPELLEE APPENDIX
912/24/2001 Copies of page 92 of Appellee's Appendix (inserted)
1012/26/2001 APPELLEE BRIEF (corrected)
1112/26/2001 DISK - AEB (electronically transmitted)
1212/26/2001 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
1301/03/2002 SITTING WITH THE COURT: Bekken, James M.
1401/30/2002 APPEARANCES: Robert V. Bolinske; Jean R. Mullen, Assistant Attorney General
1501/30/2002 ARGUED: Bolinske; Mullen (Vol. X; Page 199)
1601/30/2002 ORAL ARGUMENT WEBCAST
1708/23/2002 DISPOSITION: AFFIRMED/PT, REVERSED/PT
1808/23/2002 SPLIT OPINION: Neumann, William A.
1908/23/2002 (CONCUR): Bekken, James M.: CONCUR
2008/23/2002 (JOIN CONCUR): Maring, Mary Muehlen: JN/CON
2108/23/2002 (CONCUR): Maring, Mary Muehlen: CONCUR
2208/23/2002 (JOIN CONCUR): Bekken, James M.: JN/CON
2308/23/2002 At the direction of the Court no costs will be taxed in this appeal
2409/16/2002 MANDATE
2512/06/2002 Notice of filing Petiton for Writ of Certiorari-U.S. Supreme Court (copies distributed to Justices)
2607/07/2003 Letter from U.S. Supreme Court, Denying Petition for Writ of Certiorari
2709/19/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2809/26/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/27/2014