Larson v. Hetland, 1999 ND 98 A plaintiff in a medical malpractice action must obtain an expert opinion supporting the allegations of professional negligence within three months of commencement of the lawsuit, otherwise the trial court, within its discretion, may dismiss the lawsuit.
May 24, 1999
Blikre v. ACandS, Inc., 1999 ND 96 The ten-year statute of repose under N.D.C.C. 28-01-44 does not apply to claims against a manufacturer or seller for injury caused by exposure, during construction, to a defective product, even though the defendant installed the product as part of an improvement to real property. Cook v. Eggers, 1999 ND 97 In determining child support, the trial court must consider all sources of the obligor's income, including imputed earnings, in-kind income received on a regular basis, and gifts exceeding a value of one thousand dollars.
May 20, 1999
Goff v. Goff, 1999 ND 95 Under the first Stout factor, a trial court's relocation decision must give due weight to the possibility a proposed move will enhance both the economic and noneconomic aspects of the custodial family unit. A restructured visitation schedule after a move need not provide an equal amount of visitation time.
May 19, 1999
Barth v. Barth, 1999 ND 91 Sanctions for discovery abuse must be reasonably proportionate to the misconduct. Green v. Green, 1999 ND 86 In deciding custody, before a court can rely on a guardian ad litem's investigative report the parties must have an opportunity to call and cross-examine the guardian ad litem and persons contacted. Haff v. Hettich, 1999 ND 94 N.D.C.C. 32-03.2-02, modified comparative fault, changed common law tort principles to require apportionment of fault and damages between an original tortfeasor and a physician who negligently treats the original injury. N.D.C.C. 32-03.2-02 does not violate substantive due process. Under N.D.C.C. ch. 26.1-41, bodily injury arising out of the operation of a motor vehicle includes negligent medical treatment of personal injuries sustained in a motor vehicle accident. Kouba v. FEBCO, Inc., 1999 ND 84 Summary judgment dismissing an action for wrongful termination of employment and conspiracy to interfere with employment is summarily affirmed under N.D.R.App.P. 35.1(a)(6). Krenz v. Krenz, 1999 ND 83 Divorce judgment dividing marital property and debts summarily affirmed under N.D.R.App.P. 35.1(a)(2). Olsen v. Koppy, 1999 ND 87 An order refusing to appoint a private attorney to initiate a criminal prosecution is not appealable. The Supreme Court's jurisdiction to issue a supervisory writ is discretionary. Schlossman & Gunkelman, Inc. v. Tallman, 1999 ND 89 The parties' intent controls whether there is an offer to compromise under N.D.R.Evid. 408. In deciding whether to admit evidence of an offer to compromise for impeachment under N.D.R.Evid. 408, a trial court must balance the probative value of the evidence against its prejudicial value within the context of the policies of encouraging open and frank discussions during settlement negotiations and accommodating the truth-finding process through the evaluation of a witness's credibility. Schoenwald v. Schoenwald, 1999 ND 93 "Tier II" Railroad Retirement benefits are divisible property in a divorce. "Tier I" Railroad Retirement benefits are not divisible property in a divorce. Serenko v. City of Wilton, 1999 ND 88 There is no constitutional right to notice when a municipality initially decides to construct an improvement. N.D.C.C. 40-22-15, which requires publication of a map of a proposed improvement district, creates a purely statutory right, and a city's failure to publish the map does not violate procedural due process. A special assessment commission has broad discretion in selecting the method to determine benefits to individual properties within an improvement district, and its decision will be overturned only if the commission acted arbitrarily, capriciously, or unreasonably. State v. Mund, 1999 ND 90 Prior guilty pleas used for penalty enhancement may only be collaterally attacked based on validity of waiver of the right to counsel. Tibor v. Bendrick, 1999 ND 92 Under the child support guidelines, a lump sum payment of social security disability benefits must be credited toward the obligor's child support arrearages which accrued during the months the payment was intended to cover. Wintz v. Crabtree, 1999 ND 85 North Dakota district court properly declined to exercise jurisdiction to modify custody, under N.D.C.C. 14-14-07(3), where North Dakota is an inconvenient forum and a court in another state is a more appropriate forum.