Continental Resources, Inc. v. Schmalenberger, 2003 ND 26 Without a former client's consent, a lawyer may not represent another client in the same or a substantially related matter in which that client's interests are materially adverse to the interest of the former client.
February 19, 2003
Disciplinary Board v. McKechnie, 2003 ND 22 A lawyer is publicly reprimanded and ordered to pay the costs of the disciplinary proceedings for violating N.D.R. Prof. Conduct 1.4(b). Details of prior private discipline should not be alleged in a petition for public discipline. Expert testimony on the standard of care required in a legal malpractice action is not required to aid the trier of fact in determining whether an attorney's actions violate the rules of professional conduct. An attorney-client relationship may arise when a putative client reasonably believes that a particular lawyer is representing him and the lawyer does not disabuse the individual of this belief. An isolated instance of ordinary negligence does not constitute incompetent representation under the rules of professional conduct. First Western Bank & Trust v. First Lutheran Church Foundation, 2003 ND 21 The parties have the primary duty to bring to the court's attention the proper rules of law applicable to a case. To warrant a new trial based on newly discovered evidence, it must appear the evidence is in fact newly discovered, and not merely the importance of it. Hanson v. Hanson, 2003 ND 20 N.D.R.Civ.P. 59(j) does not apply to a motion for change of custody. Rather, a motion to modify custody is properly brought under N.D.C.C. 14-09-06.6. A trial court's decision to modify custody is a finding of fact that will not be overturned unless it is clearly erroneous. Hartman v. Estate of Miller, 2003 ND 24 An insurer has a duty to act fairly and in good faith in dealing with its insured, including a duty of fair dealing in paying claims, providing defenses to claims, negotiating settlements, and fulfilling all other contractual obligations. An insurer is held to know North Dakota law regarding the interpretation of an insurance contract. In a personal injury protection endorsement for no-fault benefits, bodily injury includes post-traumatic stress disorder accompanied by physical manifestations. Interest of T.M.H., 2003 ND 25 Sufficient evidence existed to support placement of a delinquent minor in a residential facility rather than at the minor's parent's home. Lee v. Owan, 2003 ND 13 A trial court judgment finding the terms of an oral contract were definite and the parties' performance was sufficient to remove the contract from the statute of frauds is summarily affirmed under N.D.R.App.P. 35.1(a)(2). Moen v. State, 2003 ND 17 To pursue a claim against the State or a state employee, a person must give notice of the claim within 180 days "after the alleged injury is discovered or reasonably should have been discovered." Without the timely filing of a notice of claim as required by N.D.C.C. 32-12.2-04, a court lacks jurisdiction to entertain a lawsuit against the State. Rittenour v. Gibson, 2003 ND 14 A tenant knowing of a dangerous condition on the premises has a duty to warn a social guest. A district court abuses its discretion when it submits instructions to the jury that, taken as a whole, contain an error in the law that makes a material difference in how the jury might have understood the law. Shields v. Shields, 2003 ND 16 Spousal support is appropriate for a disadvantaged spouse who has foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse's increased earning capacity. State v. Holzer, 2003 ND 19 When challenging the validity of a search warrant based on an allegation of information being omitted from the application for the warrant, the defendant must show (1) that the police omitted facts with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading, and (2) that the affidavit if supplemented by the omitted information would not have been sufficient to support a finding of probable cause. State v. Leppert, 2003 ND 15 The 2001 amendments to N.D.C.C. 31-13-03 authorize DNA testing of persons convicted of nonsexual felonies and establish a DNA data base for the test results of persons convicted of those offenses. DNA testing for persons convicted of enumerated violent, nonsexual felonies is rationally related to a legitimate purpose and does not violate equal protection. State v. Olson, 2003 ND 23 Probation revocation is not a stage of a criminal proceeding. Insanity is not a defense in determining whether the defendant violated a condition of probation, but it may be a relevant mitigating factor in determining whether probation should be revoked. Wagner v. Squibb, 2003 ND 18 Without a sufficient transcript of the trial court proceedings, this Court cannot make a meaningful and intelligent review of a trial court's decision.