Peterson v. ND University System
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| 20030249 |
Sandra Peterson, Plaintiff and Appellant
v.
North Dakota University
System, and Bismarck
State College, Defendants and Appellees
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Thomas J. Schneider |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
03/2004 Argument: 03/09/2004 02:45pm
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| ND cite: |
2004 ND 82
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| NW cite: |
678 N.W.2d 163
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Is a tenured faculty professor, in the North Dakota University System, entitled to judicial review, if the North Dakota University System Board determines that adequate cause for termination had been proven by clear and convincing evidence?
II. Does a tenured faculty professor, in the North Dakota University System, who has been terminated from employment, have the right to a jury trial, challenging whether the North Dakota University System produced clear and convincing evidence of
adequate cause for termination?
Appellee's Statement of the Issues:
I. Did the District Court correctly determine that Peterson had failed to identify disputed issues of fact from which a reasonable trier of fact could find that the State's final decision respecting Peterson's continued employment was not
objectively reasonable and made in good faith.
II. Did the District Court correctly determine that Peterson had failed to identify disputed issues of fact, which would support an action in tort for "wrongful discharge" and "conspiracy."
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| 1 | | 08/26/2003 | |
NOTICE OF APPEAL: 08/25/2003 |
| 2 | | 08/26/2003 | |
ORDER FOR TRANSCRIPT: 08/25/2003 |
| 3 | | 08/27/2003 | |
Receipt and Acceptance of Order for Transcript by Lisa E. Soma |
| 4 | | 10/03/2003 | |
TRANSCRIPT DATED 6-6-03 |
| 5 | | 10/03/2003 | |
DISK - TRA (6/6/03) |
| 6 | | 10/06/2003 | |
RECORD ON APPEAL & separates 11 & 15 (NOT REC'D: #18--Court Reporter Notes) |
| 7 | | 11/03/2003 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 11/03/2003 | |
ACTION BY CLERK. Granted: 12/12/2003 |
| 9 | | 12/12/2003 | |
APPELLANT BRIEF |
| 10 | | 12/12/2003 | |
APPELLANT APPENDIX |
| 11 | | 12/12/2003 | |
DISK - atb (e-mailed) |
| 12 | | 01/07/2004 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 13 | | 01/07/2004 | |
E-FILED MOTION - MAE |
| 14 | | 01/07/2004 | |
ACTION BY CLERK (MAE). Granted: 02/06/2004 |
| 15 | | 01/08/2004 | |
Original and seven copies of Motion for Extension of time to file the Appellee's Brief |
| 16 | | 02/06/2004 | |
APPELLEE BRIEF |
| 17 | | 02/06/2004 | |
APPELLEE APPENDIX |
| 18 | | 02/09/2004 | |
DISK - AEB |
| 19 | | 02/23/2004 | |
REPLY BRIEF of Appellant |
| 20 | | 02/23/2004 | |
DISK - ryb (E-mailed) |
| 21 | | 03/09/2004 | |
APPEARANCES: Charles "Casey" L. Chapman; Tag C. Anderson |
| 22 | | 03/09/2004 | |
ARGUED: Chapman; Anderson |
| 23 | | 03/09/2004 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 04/13/2004 | |
DISPOSITION: AFFIRMED |
| 25 | | 04/13/2004 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 26 | | 04/13/2004 | |
Costs on appeal awarded in favor of the Appellees |
| 27 | | 04/14/2004 | |
Judgment Mailed to Parties |
| 28 | | 05/07/2004 | |
MANDATE |
| 29 | | 05/13/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 11/22/2010 | |
EXPUNGED - Nonpermanent record items destroyed |