Wanstrom v. N.D. Workers Compensation Bureau, 2000 ND 17 Unless otherwise provided, the statutes in effect on the date of an injury govern workers compensation benefits. Weigel v. Weigel, 2000 ND 16 A spouse who remains at home and out of the workforce to maintain a marital residence, act as a homemaker, or provide child care has forgone opportunities and lost advantages that accrue from work experience and employment history.
January 21, 2000
Aho v. Maragos, 2000 ND 14 An issue which is not raised in the pleadings but is tried by the express or implied consent of the parties will be treated in all respects as having been properly raised in the pleadings. Forbearance from initiating or continuing a lawsuit may constitute good consideration for a contract. Ritter, Laber & Assoc. v. Koch Oil, 2000 ND 15 An order certifying a class action is appealable. A decision to certify a class action will be overturned on appeal only if the district court has abused its discretion. A court abuses its discretion if it misinterprets or misapplies the law. In determining if a class action will provide a fair and efficient adjudication of the controversy, the court must consider and weigh the thirteen factors listed under N.D.R.Civ.P. 23(c)(1). No one factor of the thirteen predominates over the others. The district court has broad discretion in reaching its decision, but it cannot rely on an incorrect analysis of a factor in reaching its ultimate decision on whether to grant class certification.
January 19, 2000
Berlin v. State, 2000 ND 13 Arguments raised for the first time on appeal generally will not be considered. Issues not briefed by an appellant are deemed abandoned. City of Jamestown v. Neumiller, 2000 ND 11 A certified record from the Department of Transportation may be sufficient to raise the presumption "a letter duly directed and mailed was received in the regular course of the mail." A trial court's determination of whether a presumption was rebutted is a question of fact which will not be overturned if there is competent evidence to support it. Developmental Center v. Central Personnel Div., 2000 ND 7 When a classified state employee commits a serious violation, the employing agency may dismiss the employee or impose lesser discipline, and neither the Central Personnel Division nor the Administrative Law Judge has discretion to overturn the dismissal. GreyBull v. State, 2000 ND 8 The clerk of district court's failure to notify an applicant for post-conviction relief of the statutory right to apply for counsel and the procedure for obtaining counsel is reversible error. Henry v. Henry, 2000 ND 10 Under N.D. Admin. Code 75-02-04.1-07(3), a monthly gross income based on earning capacity equal to the greatest of three methods of calculation must be imputed to a child support obligor who is unemployed or underemployed. Lyon v. Ford Motor Company, 2000 ND 12 A party who voluntarily pays and satisfies a judgment waives the right to appeal from the judgment. Navratil v. Schlatter, 2000 ND 5 Order Denying a Motion for a New Trial and Sanctions summarily affirmed under N.D.R.App.P. 35.1(a)(4). Sissell v. Nagel, 2000 ND 4 Order Denying a Motion to Vacate an Order of Dismissal summarily affirmed under N.D.R.App.P. 35.1(a)(4). State v. Dvorak, 2000 ND 6 A specific on-the-record colloquy is not necessary to establish the validity of a defendant's waiver of the right to counsel if the record establishes the defendant voluntarily, knowingly, and intelligently waived the right to counsel. T.F. James Co. v. Vakoch, 2000 ND 9 Interest allowed after maturity is considered compensation for damages for the wrongful detention of money, and charging more than allowed by law is not "usury."
January 10, 2000
DeCoteau v. Nodak Mutual Ins. Co., 2000 ND 3 Summary judgment is inappropriate where there is a factual dispute about which version of motor vehicle insurance policy was in effect when accident occurred and the insured may be entitled to underinsured benefits under one version of the policy but not under the other.
January 5, 2000
Lang v. Schafer, 2000 ND 2 The notice-of-claim requirements under N.D.C.C. 32-12.2-04 apply only if a plaintiff seeks money damages from the state or a state employee. Proof of actual damage proximately caused by a misrepresentation or nondisclosure is an essential element of a tort action for fraud and deceit.
January 3, 2000
Hendrickson v. Hendrickson, 2000 ND 1 A trial court may change custody, based on persistent and willful frustration of visitation, when other remedies have failed. Supervised visitation should be attempted before an alienating parent is denied all visitation. A trial court may order a parent to attend counseling if it is in a child's best interests.