Buchholz v. City of Oriska, 2000 ND 115 Under N.D.C.C. 40-05-01(1), when a municipality wishes to enact an ordinance adopting a standard code by reference, it must file a copy of that code in the office of the city auditor for public use and examination. The statute does not apply to self-contained ordinances which do not adopt existing codes by reference. Kautzman v. Kautzman, 2000 ND 116 When the Supreme Court specifies a defect to be cured and remands for redetermination of an issue without specifying the procedure to be followed, the trial court need only rectify the defect in a manner consistent with the Supreme Court opinion and conformable to law and justice.
May 26, 2000
Horob v. N.D. Workers Compensation Bureau, 2000 ND 114 The Workers Compensation Bureau may consolidate two work injury claims arising out of separate accidents for administrative convenience, but it may not use the consolidation to order forfeiture of benefits for both injuries for false statements material to only one.
May 25, 2000
Auction Effertz, Ltd. v. Schecher, 2000 ND 109 "Transacting any business in this state" should be given an expansive interpretation when deciding personal jurisdiction. The exercise of personal jurisdiction must not offend traditional notions of justice and fair play. An agent's wrongful self-dealing permits the principal to void the sale of property. Bublitz v. Tsang, 2000 ND 100 Judgment in contract dispute summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2). Crumley v. State, 2000 ND 110 A post-conviction applicant's actual knowledge of the right to apply for counsel and procedures for obtaining counsel, as evidenced by his motion requesting that counsel be appointed, is sufficient to establish notice. The appointment of post-conviction counsel is a matter of trial court discretion which will not be reversed absent an abuse of that discretion. An evidentiary hearing on a post-conviction application is not necessary unless the applicant raises a genuine issue of material fact. Dickie v. Farmers Union Oil Co., 2000 ND 111 Section 28-01.3-08, N.D.C.C., the North Dakota Products Liability Act statute of repose, creates an unconstitutional classification in violation of the equal protection rights provided under N.D. Const. art. 1, sec. 21. Lonesome Dove Petroleum, Inc. v. Nelson, 2000 ND 104 Where the parties have agreed to the essential terms of a contract, the fact they contemplated a further writing memorializing the agreement does not prevent enforcement of the contract. Voluntary acceptance of the consideration offered with a proposal may constitute acceptance. Chapter 10-19.1, N.D.C.C., provides the standards and remedies for violation of minority shareholders' rights, and there is no common law fiduciary duty owed to minority shareholders. Peterson v. N.D. Workers Compensation Bureau, 2000 ND 99 The North Dakota Workers Compensation Bureau's order dismissing claim for benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). Reid v. Cuprum SA, de C.U., 2000 ND 108 To invoke the doctrine of equitable tolling of a statute of limitations, a plaintiff must have several legal remedies and reasonably and in good faith pursue one of the remedies, thereby tolling the limitation for the other remedies. Schiff v. Schiff, 2000 ND 113 Domestic violence can affect a noncustodial parent's visitation rights. There is no presumption that overseas visitation is detrimental to a child's best interests. There must be evidence of the value of the items a party seeks to have included as in- kind income before the trial court may include those items in calculating a child support obligor's gross income. State ex rel. D.D. v. G.K., 2000 ND 101 The more rigorous requirements of N.D.C.C. 14-09-06.6(1)-(5) apply when a motion to modify custody is brought or made within two years of a custody determination. State v. Norrid, 2000 ND 112 Under the federal due process clause, the admissibility of evidence of an eyewitness identification of a defendant requires a determination of whether the identification procedure is unnecessarily or impermissibly suggestive, and if so, whether the identification is reliable under the totality of the circumstances. The voluntariness of a confession is examined under a totality-of-the-circumstances test. State v. Thieling, 2000 ND 106 To issue a search warrant, a magistrate must have a substantial basis for concluding the contraband or evidence sought probably will be found in the place to be searched. Where there is merely information which may cause suspicion and warrant further investigation, there is not probable cause to search. State v. Torgerson, 2000 ND 105 The limited record in this case does not establish a substantial failure to comply with jury selection procedures under N.D.C.C. ch. 27-09.1. Sullivan v. Pulkrabek, 2000 ND 107 The measure of damages for injury to property, caused by breach of an obligation not arising from a contract, is the lower of the reasonable cost of repair or the diminution in value. Tishmack v. Tishmack, 2000 ND 103 A trial court's determination of whether a custodial parent's requested move is in the best interests of the child is a finding of fact which will not be reversed unless it is clearly erroneous. Werlinger v. Champion Healthcare Corp., 2000 ND 102 Orders again granting class certification after remand are summarily affirmed under N.D.R.App.P. 35.1(a)(4).
May 18, 2000
Disciplinary Action Against Dvorak, 2000 ND 98 Lawyer suspended for one year for attempting to unlawfully obstruct access to evidence, in violation of Rule 3.4, and for using means having no substantial purpose other than the embarrassment of a third person, in violation of Rule 4.4. Supreme court has inherent authority to institute disciplinary proceedings on its own initiative. Statements made in response to a guardian ad litem's questionnaire are privileged.
May 17, 2000
Mau v. National Union Fire Ins. Co., 2000 ND 97 Question of law certified to the Wisconsin Supreme Court. North Central Good Samaritan Ctr. v. N.D. Dep't of Human Services, 2000 ND 96 When a provider purchases from a related entity, Medicaid reimbursement may be limited to the lesser of the charge to the provider and cost to the related entity. The moving party has the burden of proof in administrative hearings. One must demonstrate harm resulting from insufficient notice in order to establish a violation of due process rights.
May 11, 2000
Hamers v. Guttormson, 2000 ND 93 Parents have a paramount and constitutional right to the custody and companionship of their children, superior to that of any other person. The court cannot award custody of a minor to a third party, rather than to the child's natural parent, unless there are exceptional circumstances which require, in the child's best interests to prevent serious harm or detriment to the child, that the child be placed in the custody of a third party. Hopfauf v. N.D. Workers Compensation Bureau, 2000 ND 94 A claimant who willfully makes a false statement or who receives disability benefits and willfully fails to notify the Workers Compensation Bureau of work or income from work must reimburse the Bureau for benefits paid, based upon the false statement, and forfeits any additional benefits relative to that injury. In a second appeal, questions that could have been raised in a previous appeal will not be examined. Mandan Education Ass'n v. Mandan Public School Dist. No. 1, 2000 ND 92 A decision on the merits without raising time limit violations can waive the right to later assert those violations as a failure to exhaust administrative remedies. The school district and teacher representative organization must negotiate in good faith the interpretation of an existent agreement. A course of dealing and usage should be given effect when interpreting a contract ambiguity. State v. Foley, 2000 ND 91 Double jeopardy does not apply to a magistrate's determination at a preliminary hearing, because jeopardy does not attach until the accused is put to trial before a trier of fact. The magistrate at a preliminary hearing may judge the credibility of witnesses. Thompson v. Associated Potato Growers, Inc., 2000 ND 95 An employer's decision to terminate an employee for cause is assessed under an objective, good-faith standard to determine whether the employer's decision was for fair and honest reasons that are not trivial, arbitrary or capricious, unrelated to business needs or goals, or pretextual.