Ungar v. ND State University

20050340 Abraham A. Ungar, Plaintiff and Appellant
v.
North Dakota State
University, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Gosbee Law Office
Appellee: Tag Christian Anderson , Att. General Office
Term: 03/2006   Argument: 03/20/2006  1:30pm
ND cite: 2006 ND 185
NW cite: 721 N.W.2d 16

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. If a tenured North Dakota State University professor exhausts administrative remedies in objecting to disciplinary action taken by the University, is the professor entitled to appeal that disciplinary action to the District Court?
2. If a university professor serves the Notice of Claim on the Office of Management and Budget required by NDCC 32-12.2-04(1), more than 180 days after some claims, may the professor nonetheless pursue relief for discrete claims arising within 180 days of serving the Notice, as well as for claims occurring after that service?
3. Is committing the offense of forgery within the scope of employment of a state employee?

Appellee's Statement of the Issues:
I. Whether a plaintiff may bring successive actions for breach of an employment contract - one against a co-worker for allegedly causing the breach and a second separate action against the employer.
II. Whether the district court correctly determined that principles of res judicata and/or collateral estoppel barred Plaintiff's attempt to bring two separate actions that arose from and were based upon the same set of operative facts.
III. Whether the district court correctly found that it lacked subject matter jurisdiction over Plaintiff's retaliation claims for failure to exhaust administrative remedies.
IV. Whether the district court correctly found that it lacked subject matter jurisdiction over Plaintiff's claims sounding in tort based upon a failure to timely and properly file a notice-of-claim with the Office of Management and Budget.

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Docket entries:
109/28/2005 NOTICE OF APPEAL: 09/26/2005
209/28/2005 ORDER FOR TRANSCRIPT (Part of NOA): 09/26/2005
310/21/2005 TRANSCRIPT DATED June 22, 2005
410/21/2005 DISK - tra (6-22-05)(e-mailed)
510/28/2005 RECORD ON APPEAL, w/exception of Clerk's Cert. Nos. 17 & 26 (Tapes)
611/25/2005 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
711/25/2005 E-FILED MOTION (MAT)
811/25/2005 ACTION BY CLERK (MAT). Granted: 12/30/2005
912/27/2005 APPELLANT BRIEF (e-filed)
1012/27/2005 E-FILED BRIEF (atb)
1112/27/2005 APPELLANT APPENDIX
1212/27/2005 E-FILED APPENDIX (ATA)
1312/29/2005 7 copies of ATB made
1412/29/2005 7 Copies of ATA made
1512/29/2005 Received $25 surcharge for e-filed Appellant Brief (receipt #16708)
1601/24/2006 APPELLEE BRIEF
1701/24/2006 DISK - AEB (e-mailed)
1802/10/2006 REPLY BRIEF (e-filed)
1902/10/2006 E-FILED BRIEF (RYB)
2003/20/2006 APPEARANCES: John J. Gosbee; Tag C. Anderson
2103/20/2006 ARGUED: Gosbee; Anderson
2203/20/2006 ORAL ARGUMENT WEBCAST
2308/24/2006 DISPOSITION: AFFIRMED
2408/24/2006 UNANIMOUS OPINION: Crothers, Daniel John
2508/24/2006 Costs on appeal taxed in favor of appellee
2608/28/2006 Judgment Mailed to Parties, trial court
2709/05/2006 Mot. Ext/Time Petition for Rehearing (e-filed)
2809/05/2006 E-FILED MOTION (Mot/Ext/PER)
2909/05/2006 ACTION BY CHIEF JUSTICE. Granted: 10/07/2006
3010/07/2006 PETITION FOR REHEARING (e-filed) (PDF)
3110/07/2006 E-FILED BRIEF (Pet/Rehearing)
3210/09/2006 Made seven copies of Pet/Rehearing
3310/17/2006 ACTION BY SUPREME COURT (PER). Denied
3410/27/2006 MANDATE
3510/31/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/27/2014