Grey Bear v. ND Dept. of Human Services
Delano Grey Bear, Plaintiff and Appellant
North Dakota Department
of Human Services, Defendant and Appellee
Robert V. Bolinske, Additional Defendant on
Counterclaim and Appellant
South Central Judicial District,
Judge Gary A. Holum
|Nature of Action:||Other (Civil)|
|Term:||01/2002  Argument: 01/30/2002|
|ND cite:||2002 ND 139|
651 N.W.2d 611
Listen to recording of oral argument in MP3 format
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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|1||10/01/2001 NOTICE OF APPEAL: 09/27/2001|
|2||10/26/2001 RECORD ON APPEAL|
|3||11/06/2001 MOT. EXT/TIME APPELLANT BRIEF|
|4||11/06/2001 ACTION BY CLERK (MAT). Granted: 11/16/2001|
|5||11/16/2001 APPELLANT BRIEF|
|6||11/16/2001 APPELLANT APPENDIX|
|7||11/30/2001 DISK - ATB|
|8||12/19/2001 APPELLEE APPENDIX|
|9||12/24/2001 Copies of page 92 of Appellee's Appendix (inserted)|
|10||12/26/2001 APPELLEE BRIEF (corrected)|
|11||12/26/2001 DISK - AEB (electronically transmitted)|
|12||12/26/2001 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|13||01/03/2002 SITTING WITH THE COURT: Bekken, James M.|
|14||01/30/2002 APPEARANCES: Robert V. Bolinske; Jean R. Mullen, Assistant Attorney General|
|15||01/30/2002 ARGUED: Bolinske; Mullen (Vol. X; Page 199)|
|16||01/30/2002 ORAL ARGUMENT WEBCAST|
|17||08/23/2002 DISPOSITION: AFFIRMED/PT, REVERSED/PT|
|18||08/23/2002 SPLIT OPINION: Neumann, William A.|
|19||08/23/2002 (CONCUR): Bekken, James M.: CONCUR|
|20||08/23/2002 (JOIN CONCUR): Maring, Mary Muehlen: JN/CON|
|21||08/23/2002 (CONCUR): Maring, Mary Muehlen: CONCUR|
|22||08/23/2002 (JOIN CONCUR): Bekken, James M.: JN/CON|
|23||08/23/2002 At the direction of the Court no costs will be taxed in this appeal|
|25||12/06/2002 Notice of filing Petiton for Writ of Certiorari-U.S. Supreme Court (copies distributed to Justices)|
|26||07/07/2003 Letter from U.S. Supreme Court, Denying Petition for Writ of Certiorari|
|27||09/19/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|28||09/26/2007 EXPUNGED - Nonpermanent record items destroyed|