Jacob v. Nodak Mutual Ins. Co.

20040197 Steve Jacob and Donald
Huck, Plaintiffs and Appellants
v.
Nodak Mutual Insurance
Company, Jon Livers, CEO,
Keith Kinzler, President of
the Board, and all other
members of the Board, individually,
and as CEO and members of the Board
of Directors for Nodak Mutual
Insurance Company, Defendants and Appellees
and
Farm Bureau Life Insurance Company, Defendant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Carpenter Law Offices
Appellee: Dorsey & Whitney
Appellee: Zuger Kirmis & Smith
Term: 12/2004   Argument: 12/07/2004  10:45am
ND cite: 2005 ND 56
NW cite: 693 N.W.2d 604

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Was summary judgment appropriate?
2. Did the court err in denying appellants' motions?
3. Did the court err in denying the post-judgment motions?

Appellee's Statement of the Issues:
A. Was Summary Judgment Properly Granted Dismissing Appellants' Breach of Contract and Promissory Estoppel Claims?
B. Was Summary Judgment Properly Granted Dismissing Appellants' Age Discrimination and Retaliatory Discharge Claims?
C. Was Summary Judgment Properly Granted Dismissing Appellants' Tort Claims of Conversion and Intentional Infliction of Emotional Distress?
D. Was Summary Judgment Properly Granted Dismissing Appellants' Claim of Constitutional Violations related to Free Speech?
E. Was Summary Judgment Properly Granted Dismissing Appellants' OWBPA and COBRA Claims?
F. Was Appellants' Defamation Claim Properly Dismissed?
G. Were Appellants' Motions Properly Denied?

Jon Livers' Statement of Issues:
I. Did the Trial Court err as a matter of law in dismissing the plaintiffs' claims against Jon Livers and granting his motion for summary judgment?

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Docket entries:
107/19/2004 NOTICE OF APPEAL: 07/16/2004
207/19/2004 ORDER FOR TRANSCRIPT (part of NOA): 07/16/2004
307/19/2004 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
407/20/2004 Acknowledgement of order for transcript
507/20/2004 RETENTION OF RECORD ON APPEAL: 09/06/2004
607/30/2004 Transcript Preparation Suspended per Court Reporter (Sharon Fox)
708/02/2004 Payment for TRA received by Court Reporter, prep. of Transcript resumed.
808/11/2004 TRANSCRIPT DATED March 18, 2003 & two copies of TRANSCRIPT DATED January 14, 2004
908/11/2004 DISK - TRA (2 disks) (3-18-03 & 1-14-04)
1008/12/2004 RECORD ON APPEAL (3 vols), Exhibits, & orig. Trans. dated 1-14-04 (NOT RECD:43 & 92--Ct Rptr Notes)
1109/20/2004 APPELLANT BRIEF (e-filed)
1209/20/2004 E-FILED BRIEF (ATB)
1309/20/2004 APPELLANT APPENDIX
1409/20/2004 Payment of $25 fee for filing electronic ATB (Receipt #15802)
1509/24/2004 Copies of ATB from Central Duplicating
1610/19/2004 APPELLEE BRIEF (Nodak Mutual Ins. Co., Keith Kinzler, & all other members of the Board,
1710/19/2004 individually, and Members of the Board of Directors for Nodak Mutual Ins. Co.)
1810/19/2004 (Attachment to AEB of Nodak Mutual Ins. Co., et al.)
1910/19/2004 APPELLEE APPENDIX (Nodak Mutual Ins. Co., et al.)
2010/20/2004 DISK (AEB) (Nodak Mutual Ins. Co., et al.)
2110/20/2004 APPELLEE BRIEF (Jon Livers, CEO)
2210/20/2004 DISK (AEB) (Jon Livers, CEO)
2311/24/2004 SITTING WITH THE COURT: Hodny, William F.
2411/26/2004 Request for Radio/TV Coverage - ND Public Radio (email dated 11-26-04 from Jack McDonald) APPROVED
2512/01/2004 Request for Radio/TV Coverage (AP) email dated 12-01-04 from Dale Wetzel (APPROVED)
2612/07/2004 APPEARANCES: Deborah J. Carpenter; Sarah Andrews Herman and Lynn Block for Nodak Mutual Ins. Co.,
2712/07/2004 Keith Kinzler, Members of the Board of Directors; Rebecca S. Thiem for Jon Livers
2812/07/2004 ARGUED: Carpenter; Herman; Thiem (Vol. Z; Page 63)
2912/07/2004 ORAL ARGUMENT WEBCAST
3003/08/2005 DISPOSITION: AFFIRMED
3103/08/2005 UNANIMOUS OPINION: Kapsner, Carol Ronning
3203/08/2005 Costs on Appeal taxed in favor of appellee
3303/10/2005 Judgment Mailed to Parties
3404/06/2005 MANDATE
3504/11/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3609/30/2011 EXPUNGED - Nonpermanent record items destroyed

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