Herbert L. Meschke, Justice
Lindell v. ND Workers Comp. Bureau
, 1998 ND 174,
584 N.W.2d 520
(Concurring and dissenting)
Highlight of the Opinion of the Court:
The disability verification requirements under N.D.C.C.
65-05-08.1(2)(a-d) (1995) apply to a claimant's initial request
for disability benefits.
A physician's report under N.D.C.C. 65-05-08.1 (1995) includes a
physician's formal correspondence with the Bureau, but not
attached office notes or medical records.
Breding v. State
, 1998 ND 170,
584 N.W.2d 493
(Concurring)
Highlight of the Opinion of the Court:
Defense counsel did not provide ineffective assistance by failing
to object to or attack the credibility of a prosecution witness's
testimony on the ground the witness had used hypnosis to enhance
his recall of events.
Trial strategy choices by defense counsel made after thorough
investigation of the law and facts relevant to plausible options
are virtually unchallengeable.
Swenson v. Raumin
, 1998 ND 150,
583 N.W.2d 102
(Dissenting)
Highlight of the Opinion of the Court:
The party seeking rescission of a settlement agreement under
N.D.C.C. 9-09-04 has the burden of proving reasonable diligence
to promptly rescind upon discovering facts entitling the party to
rescind, as well as proving an offer to restore to the other
contracting party everything of value received under the
settlement agreement.
Gessner v. City of Minot
, 1998 ND 157,
583 N.W.2d 90
(Concurring and dissenting)
Highlight of the Opinion of the Court:
Service of a summons and complaint upon a city manager, instead
of a member of the city's governing body, is insufficient to
obtain personal jurisdiction over the city.
Codefendants are united in interest, for purposes of having
service upon one constitute service upon the other, only when the
two parties are in such relation to each other with regard to the
subject matter of the plaintiff's action that they will fall or
stand together, a judgment against one will result in liability
upon the other, and neither can raise a defense which is
unavailable to the other.
Genuine issues of material fact preclude summary judgment
dismissal of claims a Water Management District was directly or
vicariously liable for the drowning death of a child who fell
from a flood control structure sponsored by the District.
Wilhelm v. Wilhelm
, 1998 ND 140,
582 N.W.2d 6
(Joined in concurrence)
Highlight of the Opinion of the Court:
Trial court's valuation of in-kind income is not clearly
erroneous where appellant presents no evidence to support her
proposed valuation.
An equitable division of property need not be equal, but all of
the real and personal property of the parties--including property
accumulated prior to marriage or accumulated by one party through
gift or inheritance--must be included in the marital estate
before applying the Ruff-Fischer guidelines.
A trial court's decision regarding attorney fees will not be
reversed absent an affirmative showing the trial court abused its
discretion.
Fisher v. American Family Mutual Ins. Co.
, 1998 ND 109,
579 N.W.2d 599
(Concurring and dissenting)
Highlight of the Opinion of the Court:
Coverage for damage to the flooring in a home arising out of the
insured floor finisher's operations was not excluded by
exclusions b or j in the insured's commercial general liability
policy.
Exclusions k and l excluded from coverage the cost of the finish
and the sanding and finishing work performed by the insured on
the homeowner's flooring.
When an insured has been abandoned by its insurer and enters into
a Miller-Shugart settlement agreement, a failure to delineate
between covered and non-covered damages does not render the
Miller-Shugart agreement totally unenforceable.
State v. Burckhard
, 1998 ND 121,
579 N.W.2d 194
(Dissenting)
Highlight of the Opinion of the Court:
Neither the Establishment Clause of the First Amendment nor N.D.
Const. Art. I, Section 3, preclude the civil courts from assuming
jurisdiction over the prosecution of theft charges against a
Roman Catholic priest.
To withstand an Establishment Clause challenge, a statute must
have a secular legislative purpose, its principle or primary
effect must neither advance nor inhibit religion, and it must not
foster an excessive entanglement with religion.
A motion to dismiss under N.D.R.Crim.P. 12(b) is not an
appropriate vehicle to resolve fact questions, and all pleaded
facts must be taken as true.
Hoyem v. ND Workers Comp.
, 1998 ND 86,
578 N.W.2d 117
(Concurred in result)
Highlight of the Opinion of the Court:
Issues not raised before an administrative agency will not be
considered for the first time on appeal.
Bureau's decision a claimant was not entitled to an impairment
evaluation and rating for chronic pain and chronic pain syndrome
was supported by a preponderance of the evidence.
Hanneman v. Continental Western Ins. Co.
, 1998 ND 46,
575 N.W.2d 445
(Concurring and dissenting)
Highlight of the Opinion of the Court:
The term "borrow" in an insurance contract means receiving
something from another for one's own use.
Insured was not covered by insurance policy because insured was
not a borrower of car.
Insurer had no duty to defend insured because insured was
released from personal liability. Nor was insurer required to
pay insured's attorneys fees and expenses because coverage was
found not to apply.
Wahl v. Morton Co. Social Service Board
, 1998 ND 48,
574 N.W.2d 859
(Concurring)
Highlight of the Opinion of the Court:
In determining medicaid eligibility, the Department of Human
Services' use of gross, rather than net, unearned income to
compute the community spouse's resource allowance is a reasonable
and appropriate application of the medicaid laws.
North Dakota, as a section 209(b) state, can use more restrictive
medicaid eligibility requirements than are used under the
supplemental security income program.
Delay in holding a fair hearing and providing an incomplete
notice of hearing do not constitute reversible errors, absent a
showing of substantial prejudice.
Judicial Vacancy in Southeast Judicial District
, 1998 ND 25,
574 N.W.2d 199
(Dissenting)
Highlight of the Opinion of the Court:
District Judgeship No. 1 in the Chamber at Jamestown ordered
abolished.
State v. Kitchen
, 1997 ND 241,
572 N.W.2d 106
(Dissenting)
Highlight of the Opinion of the Court:
When the entryway to a home is impliedly open to use by the
public, the residents have no reasonable expectation of privacy
in the entryway.
Raboin v. N.D. Workers Compensation Bureau
, 1997 ND 221,
571 N.W.2d 833
(Dissenting)
Highlight of the Opinion of the Court:
To impose personal liability on a corporate officer for an
employer's failure to pay workers compensation premiums under
N.D.C.C. 65-04-26.1, the officer must have supervisory control
over the payment of premiums when payment is required.
Withey v. Hager
, 1997 ND 225,
571 N.W.2d 142
(Concurring)
Highlight of the Opinion of the Court:
A parent, bringing a motion to modify a child support obligation
within two months after entry of an amended judgment continuing
support at a rate set more than one year earlier, must
demonstrate a material change of circumstance.
A trial court's modification of the parties' obligation for the
children's medical expenses must be more than a year from the
previous child support judgment, or requires a material change of
circumstances.
Zimmerman v. Valdak Corp.
, 1997 ND 203,
570 N.W.2d 204
(Joined in dissent)
Highlight of the Opinion of the Court:
The Workers' Compensation Act does not preclude a civil cause of
action against an employer for true intentional
injuries.
Dismissal of an employee's civil lawsuit against his
employer is appropriate when there is no evidence to support a
claim his employer had knowledge an injury was certain to occur.
City of Fargo v. Sivertson
, 1997 ND 204,
571 N.W.2d 137
(Concurred in result)
Highlight of the Opinion of the Court:
A police officer's approach to the defendant's vehicle stopped in
driving lane behind accident scene and knock on driver's window
to determine whether the driver was okay and why the driver was
not proceeding in the left lane with other traffic constituted a
permissible caretaker encounter and not a Fourth Amendment stop.
Sposato v. Sposato
, 1997 ND 207,
570 N.W.2d 212
(Dissenting)
Highlight of the Opinion of the Court:
Appeal from an order granting grandparent visitation in New York,
the time period for which has expired, is dismissed as
moot.
Absent a current request for visitation, the issue is
not ripe for review.
Feist v. ND Workers Comp. Bureau
, 1997 ND 177,
569 N.W.2d 1
(Concurred in result)
Highlight of the Opinion of the Court:
The administrative law judge's decision in this case was a
recommendation and was not a final order.
NDCC 28-32-13(3) authorizes, but does not require, the Workers
Compensation Bureau to adopt rules for review of a hearing
officer's recommendation.
If an administrative agency rejects a hearing officer's
recommendation, it must explain its rationale for not following
the recommendation.
Because AMA Guides to the Evaluation of Permanent Impairment (3rd
ed.) was the edition in existence when NDCC 65-05-12 was amended
and reenacted in 1989, the Bureau properly applied it when the
claimant's impairment was evaluated in 1994.
The Bureau was authorized to combine the impairment ratings for
the claimant's lumbar and cervical impairments.
State v. Herrick
, 1997 ND 155,
567 N.W.2d 336
(Concurring and dissenting)
Highlight of the Opinion of the Court:
Trial court's order denying defendant's suppression motion is
reversed and remanded. "No-knock" search warrant was issued
merely because drugs might be present, in violation of Richards
v. Wisconsin, 117 S.Ct. 1416 (1997). Remanded for consideration
of whether the good-faith exception to the exclusionary rule
should be applied.
Reimche v. Reimche
, 1997 ND 138,
566 N.W.2d 790
(Dissenting)
Highlight of the Opinion of the Court:
A continuance is the proper remedy for a party claiming unfair
surprise. The trial court did not abuse its discretion in
denying a motion for a new trial on the ground of irregularity or
surprise.
The trial court's custody determination is not clearly erroneous.
Sowatzki v. ND Workers Comp. Bureau
, 1997 ND 137,
567 N.W.2d 189
(Concurring)
Highlight of the Opinion of the Court:
NDCC 28-32-21 only authorizes appeals to the Supreme Court from
district court judgments in appeals from administrative agency
orders.
The question of the Bureau's authority to revoke a permanent
partial impairment award and order repayment without first
affording the claimant an opportunity to be heard, was a
significant issue the district court should not have decided
without complying with the provisions of NDCC Ch. 28-32.
Little v. Traynor
, 1997 ND 128,
565 N.W.2d 766
(Concurring and dissenting)
Highlight of the Opinion of the Court:
The Workers Compensation Bureau's adoption of an $85-per-hour
maximum hourly rate and various fee caps to compensate a
claimant's attorney in N.D.A.C. 92-01-02-11.1(1) and (3)(b)
through (i) was based on an adequate administrative rulemaking
record and was not an arbitrary or capricious application of its
statutory authority.
The Bureau's adoption in N.D.A.C. 92-01-02-11.1(9)(e) of a $100
limit for reimbursement of a claimant's reasonable and necessary
costs, unless approved by the Bureau in advance of their accrual,
was not beyond the scope of the Bureau's authority.
The district court did not abuse its discretion in ordering the
Bureau to pay the nonadministrative parties' attorney fees under
N.D.C.C. 28-32-21.1 for responding to the Bureau's motion for
leave to pursue discovery of irrelevant material.
McArthur v. ND Workers Comp. Bureau
, 1997 ND 105,
564 N.W.2d 655
(Concurred in result)
Highlight of the Opinion of the Court:
An appeal from a notice of entry of judgment will be treated as
an appeal from the judgment.
An informal decision of the Workers Compensation Bureau is not
appealable.
Hovland v. City of Grand Forks
, 1997 ND 95,
563 N.W.2d 384
(Concurring)
Highlight of the Opinion of the Court:
Personal injury claim based on an in-line skating accident
occurring on a public bike path was improperly dismissed on
summary judgment. North Dakota's recreational use statute did
not shield political subdivision from liability.
Service Oil, Inc., v. Chabot
, 1997 ND 74,
562 N.W.2d 571
(Concurring)
Highlight of the Opinion of the Court:
A motion denying summary judgment is not a ruling on the merits,
and cannot be appealed. Although defendants stipulated to entry
of judgment reserving the right to appeal the district court's
ruling regarding liability, no such ruling has been made by the
district court.
Steen v. Department of Human Services
, 1997 ND 52,
562 N.W.2d 83
(Concurring and dissenting)
Highlight of the Opinion of the Court:
Department's decision to terminate a personal service provider's
status for five years was supported by a preponderance of the
evidence. Sanction, although harsh, was not an abuse of the
Director's discretion.
Austin v. Towne
, 1997 ND 59,
560 N.W.2d 895
(Dissenting)
Highlight of the Opinion of the Court:
Motion under N.D.R.Civ.P. 59(j) was timely. Defendant was not
entitled to credit on his child support arrearage for social
security dependency payments.
State ex rel. Heitkamp v Family Life Services
, 1997 ND 37,
560 N.W.2d 526
(Joined in dissent)
Highlight of the Opinion of the Court:
Individual whose First Amendment right to receive ministry is not
adequately represented by existing defendants should have been
allowed to intervene as a defendant in an action to dissolve two
nonprofit corporations with charitable, educational, and
religious purposes.
State ex rel. Heitkamp v Family Life Services
, 1997 ND 37,
560 N.W.2d 526
(Dissenting)
Highlight of the Opinion of the Court:
Individual whose First Amendment right to receive ministry is not
adequately represented by existing defendants should have been
allowed to intervene as a defendant in an action to dissolve two
nonprofit corporations with charitable, educational, and
religious purposes.
Huesers v. Huesers
, 1997 ND 33,
560 N.W.2d 219
(Joined in concurrence)
Highlight of the Opinion of the Court:
Wife's non-violent behavior cannot be considered as mitigating
factors in applying the domestic violence presumption.
Mangnall v. Adams
, 1997 ND 19,
559 N.W.2d 221
(Concurring)
Highlight of the Opinion of the Court:
Where the parties' pleadings raised inextricably entwined issues
about the relationship between a trustee's responsibilities and
liabilities as trustee and as guardian to a ward who was a
settlor of the trust, the trial court should have decided all of
those issues in one proceeding.
State v. Kenner
, 1997 ND 1,
559 N.W.2d 538
(Concurring)
Highlight of the Opinion of the Court:
An officer must have a reasonable and articulable suspicion that
a motorist has violated or is about to violate a law in order to
legally stop a vehicle.
Knowledge held by one officer can be imputed to another officer,
but the first officer must have had a reasonable and articulable
suspicion that a law has been or is about to be violated.
Interest of A. E.
, 1997 ND 9,
559 N.W.2d 215
(Concurring)
Highlight of the Opinion of the Court:
Under N.D.C.C. 27-20-34(1)(c)(4)(b), the court must find there
are reasonable grounds to believe that the juvenile is not
amenable to treatment or rehabilitation as a juvenile in order to
transfer a juvenile to district court for prosecution.
Generally, the State bears the burden of persuasion that the
juvenile is not amenable to treatment; however, N.D.C.C.
27-20-34(2) shifts the burden of persuasion to the child to show
there are reasonable grounds to believe the child is amenable to
treatment.
Wolf v. Wolf
,
557 N.W.2d 742 (N.D. 1996)
(Concurring and dissenting)
Highlight of the Opinion of the Court:
Trial court's award of child support was clearly
erroneous under the child support guidelines
because of inadequate findings regarding net monthly
income. Spousal support award and property division
were not clearly erroneous.
Estate of Opatz
,
554 N.W.2d 813 (N.D. 1996)
(Concurring)
Highlight of the Opinion of the Court:
Under Section 30.1-10-01(4)(a), N.D.C.C., the right to
renounce property is barred only by an encumbrance against the
property created by the disclaimant, not a third-party.
Neither a judgment lien, nor service of a garnishment summons
against a devisee created encumbrances which barred the
devisee's right to renounce her interest in the devised
property.
Ridl v. EP Operating Limited Partnership
,
553 N.W.2d 784 (N.D. 1996)
(Dissenting)
Highlight of the Opinion of the Court:
An oil and gas lessee did not lose its interest in a
1973 lease when it failed to respond within 20 days of the
lessor's notice, under Section 47-16-36, N.D.C.C., of
termination of the lease.
The trial court properly ruled the
lessor had not made an appropriate demand that the implied
covenant of further development be complied with within a
reasonable time.
Baldock v. Workers Comp.
,
554 N.W.2d 441 (N.D. 1996)
(Concurring)
Highlight of the Opinion of the Court:
The rational basis standard of review applies to an
equal protection challenge to the statutory scheme for
rehabilitation benefits under the workers compensation law.
A workers compensation statute limiting rehabilitation
retraining to the goal of returning an injured worker to a job
paying at least seventy-five percent of the state average
weekly wage did not violate equal protection rights of workers
whose pre-injury earnings exceeded the statute's wage goal.
Swanson v. ND Workers Comp.
,
553 N.W.2d 209 (N.D. 1996)
(Dissenting)
Highlight of the Opinion of the Court:
The claimant did not have standing to challenge the
Workers Compensation Bureau's claimed lack of a peer review
system. Under Section 65-05-07(3), N.D.C.C., only doctors or
health care providers may appeal adverse Bureau decisions on
'reasonableness of fees and payment denials for unjustified
treatments.'
Jacobs v. Dept. of Corrections & Rehab.
,
551 N.W.2d 779 (N.D. 1996)
(Concurred in result)
Highlight of the Opinion of the Court:
The State Personnel Board's finding that an employee
was demoted for failing to complete his work in a timely
manner and not in retaliation for protected activity was
supported by a preponderance of the evidence.
Transystems Services v. Workers Comp. Burea
,
550 N.W.2d 66 (N.D. 1996)
(Dissenting)
Highlight of the Opinion of the Court:
An appeal from a decision of the Workers Compensation Bureau
must be taken to the district court of the county where the
injury occurred or the claimant resides.
cause of child abuse under Chapter 50-25.1, N.D.C.C., is a
'contested case' under Section 28-32-01(4), N.D.C.C., and the
Department of Human Services bears the burden of proof.
To support a finding of probable cause of child abuse under
Chapter 50-25.1, N.D.C.C., there must be evidence of serious
physical harm or traumatic abuse, evidenced by negative changes
in the child's health resulting from infliction of physical or
mental injury.
The court erred in awarding attorney's fees for the
proceedings at the administrative level, because attorney's
fees under Section 28-32-21.1(1), N.D.C.C., are authorized
only for those
proceedings necessitated by the Department's unjustified
actions.
Raboin v. ND Dept. of Human Services
,
552 N.W.2d 329 (N.D. 1996)
(Concurring)
Highlight of the Opinion of the Court:
Chapter 28-32, N.D.C.C., authorizes an appeal to the district
court from a Department of Human Services' finding of probable
cause of child abuse or neglect.
The Department's determination there was probable cause of
abuse by parents who used corporal punishment as a last resort
to discipline their children was not supported by a
preponderance of evidence. There was no evidence from which a
reasonable person could conclude any of the children suffered
serious physical harm or traumatic abuse as a result of
the parental spankings.
Interest of C.R.M.
,
552 N.W.2d 324 (N.D. 1996)
(Concurring)
Highlight of the Opinion of the Court:
The juvenile court did not err in ruling that the rules of
evidence were inapplicable to a juvenile
transfer proceeding, or in allowing a detective, who was
cross-examined, to present hearsay
testimony based upon information acquired in the course of his
investigation.
The juvenile court did not err in finding probable cause to
believe the juvenile assisted in committing an attempted
robbery resulting in a person's death.
State v. Schneider
,
550 N.W.2d 405 (N.D. 1996)
(Concurred in result)
Carlson v. Job Service
,
548 N.W.2d 389 (N.D. 1996)
(Concurred in result)
Esselman v. Job Service ND
,
548 N.W.2d 400 (N.D. 1996)
(Concurred in result)
Wheeler v. Wheeler
,
548 N.W.2d 27 (N.D. 1996)
(Concurring and dissenting)
State v. Glaesman
,
545 N.W.2d 178 (N.D. 1996)
(Concurring and dissenting)
State v. Jacobson
,
545 N.W.2d 152 (N.D. 1996)
(Concurring)
State v. O'Rourke
,
544 N.W.2d 384 (N.D. 1996)
(Concurred in result)
State v. Barnett
,
543 N.W.2d 774 (N.D. 1996)
(Concurring)
State v. Sundquist
,
542 N.W.2d 90 (N.D. 1996)
(Concurred in result)
Estate of Thorson
,
541 N.W.2d 692 (N.D. 1996)
(Concurring)
Basin Electric Power Coop. v. ND Workers Comp.,
,
541 N.W.2d 685 (N.D. 1996)
(Dissenting)
Americana Healthcare Center v. Dept of Human Services
,
540 N.W.2d 151 (N.D. 1995)
(Concurred in result)
Quamme v. Bellino, f/k/a Quamme
,
540 N.W.2d 142 (N.D. 1995)
(Concurring)
Olson v. City of Garrison
,
539 N.W.2d 663 (N.D. 1995)
(Concurring)
State v. Ova
,
539 N.W.2d 857 (N.D. 1995)
(Concurred in result)
Cordie v. Tank
,
538 N.W.2d 214 (N.D. 1995)
(Dissenting)
Score v. American Family Mutual Ins. Co.
,
538 N.W.2d 206 (N.D. 1995)
(Dissenting)
Van Dyke v. Van Dyke
,
538 N.W.2d 197 (N.D. 1995)
(Dissenting)
Reems v. St. Joseph's Hospital
,
536 N.W.2d 666 (N.D. 1995)
(Dissenting)
ProServe Corp. v. Jamesetta N. Rainey
,
536 N.W.2d 373 (N.D. 1995)
(Dissenting)
City of Fargo v. Hector
,
534 N.W.2d 821 (N.D. 1995)
(Concurring)
Pederson v. ND Workers Comp. Bureau
,
534 N.W.2d 809 (N.D. 1995)
(Concurred in result)
Levey v. State Developmental Center
,
533 N.W.2d 707 (N.D. 1995)
(Concurring)
State v. Cox
,
532 N.W.2d 384 (N.D. 1995)
(Concurring)
Adoption of J.W.M.
,
532 N.W.2d 372 (N.D. 1995)
(Dissenting)
Hodek v. Greater Nelson County Consortium
,
531 N.W.2d 280 (N.D. 1995)
(Concurring)
Schuhmacher v. ND Hospital Assoc.
,
528 N.W.2d 374 (N.D. 1995)
(Concurring)
Adams County Record v. Greater North Dakota Association
,
529 N.W.2d 830 (N.D. 1995)
(Dissenting)
Krank v. Krank
,
529 N.W.2d 844 (N.D. 1995)
(Concurring)
Bickel v. Jackson
,
530 N.W.2d 318 (N.D. 1995)
(Concurring and dissenting)
S.P.M. v. Department of Human Services
,
529 N.W.2d 864 (N.D. 1995)
(Dissenting)
Pamida, Inc. v. Meide
,
526 N.W.2d 487 (N.D. 1995)
(Dissenting)
Estate of Krueger v. Richland Co. Social Services
,
526 N.W.2d 456 (N.D. 1994)
(Concurring)
Svedberg v. Stamness
,
525 N.W.2d 678 (N.D. 1994)
(Dissenting)
State v. Syring
,
524 N.W.2d 97 (N.D. 1994)
(Concurring and dissenting)
State v. One Black 1989 Cadillac
,
522 N.W.2d 457 (N.D. 1994)
(Concurring)
Guardianship of Norman
,
524 N.W.2d 358 (N.D. 1994)
(Concurring)
Guardianship of Norman
,
524 N.W.2d 358 (N.D. 1994)
(Concurring)
Chaussee v. Thiel
,
520 N.W.2d 789 (N.D. 1994)
(Concurring)
State v. Brooks
,
520 N.W.2d 796 (N.D. 1994)
(Concurring)
Fisher v. Schmeling
,
520 N.W.2d 820 (N.D. 1994)
(Concurred in result)
Schatke v. Schatke
,
520 N.W.2d 833 (N.D. 1994)
(Concurring)
Clooten v. Clooten
,
520 N.W.2d 843 (N.D. 1994)
(Concurred in result)
Ollie v. ND Dept. of Human Services
,
520 N.W.2d 233 (N.D. 1994)
(Concurred in result)
Brunner v. Ward Co. Social Services
,
520 N.W.2d 228 (N.D. 1994)
(Concurred in result)
Rudh v. Rudh
,
517 N.W.2d 632 (N.D. 1994)
(Concurring)
Haney v. ND Workers Comp. Bureau
,
518 N.W.2d 195 (N.D. 1994)
(Dissenting)
Boeddeker v. Reel
,
517 N.W.2d 407 (N.D. 1994)
(Concurring)
Industrial Commission v. McKenzie Co. National Bank
,
518 N.W.2d 174 (N.D. 1994)
(Concurred in result)
Reisenauer v. Schaefer
,
515 N.W.2d 152 (N.D. 1994)
(Concurring)
Ludwig v. Burchill
,
514 N.W.2d 674 (N.D. 1994)
(Dissenting)
Rieniets v. ND Workers Compensation Bureau
,
512 N.W.2d 708 (N.D. 1994)
(Dissenting)
BASF Corporation v. Symington
,
512 N.W.2d 692 (N.D. 1994)
(Dissenting)
State v. Miller
,
510 N.W.2d 638 (N.D. 1994)
(Dissenting)
Fisher v. Johnson
,
508 N.W.2d 352 (N.D. 1993)
(Concurring and dissenting)
Dvorak v. American Family Mutual Ins. Co.
,
508 N.W.2d 329 (N.D. 1993)
(Concurred in result)
B.H. v. K.D.
,
506 N.W.2d 368 (N.D. 1993)
(Dissenting)
Berger v. State Personnel Board
,
502 N.W.2d 539 (N.D. 1993)
(Dissenting)
State v. Steffes
,
500 N.W.2d 608 (N.D. 1993)
(Concurring)
Rueckert v. Rueckert
,
499 N.W.2d 863 (N.D. 1993)
(Concurring)
S.N.S. v. ND Dept. of Human Services
,
499 N.W.2d 891 (N.D. 1993)
(Dissenting)
Cook v. Hansen
,
499 N.W.2d 94 (N.D. 1993)
(Concurring)
SHector v. Metro Centers, Inc.
,
498 N.W.2d 113 (N.D. 1993)
(Concurring)
Fibelstad v. Glaser
,
497 N.W.2d 425 (N.D. 1993)
(Concurring)
Delorme v. ND Dept. of Human Services
,
492 N.W.2d 585 (N.D. 1992)
(Dissenting)
Finch v. Backes
,
491 N.W.2d 705 (N.D. 1992)
(Dissenting)
Delzer v. Winn
,
491 N.W.2d 741 (N.D. 1992)
(Dissenting)
Thompson v. ND Workers' Compensation Bureau
,
490 N.W.2d 248 (N.D. 1992)
(Concurring)
Rassier v. Houim
,
488 N.W.2d 635 (N.D. 1992)
(Concurring and dissenting)
Grotte v. ND Workers' Comp. Bureau
,
489 N.W.2d 875 (N.D. 1992)
(Dissenting)
State Farm Mutual Automobile Ins. Co. v. LaRoque
,
486 N.W.2d 235 (N.D. 1992)
(Dissenting)
Bergman v. Bergman
,
486 N.W.2d 243 (N.D. 1992)
(Concurred in result)
State v. Birk
,
484 N.W.2d 834 (N.D. 1992)
(Dissenting)
Kiker v. Walters
,
482 N.W.2d 626 (N.D. 1992)
(Dissenting)
Rogers v. ND Workers Comp. Bureau
,
482 N.W.2d 607 (N.D. 1992)
(Dissenting)
State v. Anderson
,
480 N.W.2d 727 (N.D. 1992)
(Concurring)
United Bank of Bismarck v. Trout
,
480 N.W.2d 742 (N.D. 1992)
(Dissenting)
Spieker v. Westgo, Inc.
,
479 N.W.2d 837 (N.D. 1992)
(Concurring)
Johnson v. Johnson
,
480 N.W.2d 433 (N.D. 1992)
(Dissenting)
Hakanson v. ND Department of Human Services
,
479 N.W.2d 809 (N.D. 1992)
(Concurring)
Oanes v. Westgo, Inc.
,
476 N.W.2d 248 (N.D. 1991)
(Concurring and dissenting)
State v. Everson
,
474 N.W.2d 695 (N.D. 1991)
(Concurring)
Zander v. Zander
,
470 N.W.2d 603 (N.D. 1991)
(Concurring and dissenting)
Fries v. Fries
,
470 N.W.2d 232 (N.D. 1991)
(Concurring and dissenting)
Wagner v. Backes
,
470 N.W.2d 598 (N.D. 1991)
(Dissenting)
Leadbetter v. Rose
,
467 N.W.2d 431 (N.D. 1991)
(Dissenting)
Thompson v. Nodak Mutual Insurance Company
,
466 N.W.2d 115 (N.D. 1991)
(Dissenting)
Brunsoman v. Scarlett
,
465 N.W.2d 162 (N.D. 1991)
(Concurring and dissenting)
Byron's Construction Co. v. ND Department of Transportation
,
463 N.W.2d 660 (N.D. 1990)
(Concurring)
Illies v. Illies
,
462 N.W.2d 878 (N.D. 1990)
(Concurring and dissenting)
Glaspey v. Backes
,
462 N.W.2d 635 (N.D. 1990)
(Dissenting)
Kopp v. ND Workers Compensation Bureau
,
462 N.W.2d 132 (N.D. 1990)
(Dissenting)
Judicial Conduct Commission v. Wilson
,
461 N.W.2d 105 (N.D. 1990)
(Concurring)
Harmon v. Mercy Hospital
,
460 N.W.2d 404 (N.D. 1990)
(Dissenting)
State v. Wiedrich
,
460 N.W.2d 680 (N.D. 1990)
(Dissenting)
Schloesser v. Larson
,
458 N.W.2d 257 (N.D. 1990)
(Dissenting)
State v. Haugen
,
458 N.W.2d 288 (N.D. 1990)
(Concurring)
City of Wahpeton v. Desjarlais
,
458 N.W.2d 330 (N.D. 1990)
(Dissenting)
Lang v. Wonnenberg
,
455 N.W.2d 832 (N.D. 1990)
(Concurring and dissenting)
Wheeler v. Schmid Laboratories, Inc.
,
451 N.W.2d 133 (N.D. 1990)
(Dissenting)
Klem v. Greenwood
,
450 N.W.2d 738 (N.D. 1990)
(Concurring)
Janavaras v. National Farmers Union Property and Casualty Company
,
449 N.W.2d 578 (N.D. 1989)
(Concurring)
Dinius v. Dinius
,
448 N.W.2d 210 (N.D. 1989)
(Dissenting)
Bader v. Bader
,
448 N.W.2d 187 (N.D. 1989)
(Concurring and dissenting)
Stonewood Hotel Corporation, Inc. v. Davis Development, Inc.
,
447 N.W.2d 286 (N.D. 1989)
(Concurring)
Risch v. ND Workers Compensation Bureau
,
447 N.W.2d 308 (N.D. 1989)
(Concurring)
Hayden v. ND Workers Compensation Bureau
,
447 N.W.2d 489 (N.D. 1989)
(Dissenting)
Smith v. ND Workers Compensation Bureau
,
447 N.W.2d 250 (N.D. 1989)
(Concurring and dissenting)
Club Broadway, Inc. v. Broadway Park
,
443 N.W.2d 919 (N.D. 1989)
(Dissenting)
Schill v. Langdon Farmers Union Oil Co.
,
442 N.W.2d 408 (N.D. 1989)
(Dissenting)
Peterson v. Zerr
,
443 N.W.2d 293 (N.D. 1989)
(Concurring and dissenting)
Kaloupek v. Burfening
,
440 N.W.2d 496 (N.D. 1989)
(Dissenting)
Van Inwagen v. Sanstead
,
440 N.W.2d 513 (N.D. 1989)
(Concurring)
State v. Sivesind
,
439 N.W.2d 530 (N.D. 1989)
(Concurring)
Johnson v. Peterbilt of Fargo, Inc.
,
438 N.W.2d 162 (N.D. 1989)
(Dissenting)
Holte v. ND State Highway Commissioner
,
436 N.W.2d 250 (N.D. 1989)
(Dissenting)
Grenz v. Kelsch
,
436 N.W.2d 552 (N.D. 1989)
(Concurring)
Jerry Harmon Motors, Inc. v. 1st Nationl Bk. & Trust
,
440 N.W.2d 704 (N.D. 1989)
(Concurring)
State v. Toman
,
436 N.W.2d 10 (N.D. 1989)
(Dissenting)
Sargent County Bank v. Wentworth
,
434 N.W.2d 562 (N.D. 1989)
(Concurring)
United Accounts, Inc. v. Quackenbush
,
434 N.W.2d 567 (N.D. 1989)
(Concurring)
Regstad v. Steffes
,
433 N.W.2d 202 (N.D. 1988)
(Concurring)
First National Bank & Trust v. Jacobsen
,
431 N.W.2d 284 (N.D. 1988)
(Concurring and dissenting)
State v. Schwalk
,
430 N.W.2d 317 (N.D. 1988)
(Concurring and dissenting)
Howes v. ND Workers Compensation Bureau
,
429 N.W.2d 730 (N.D. 1988)
(Dissenting)
Johnson v. ND Workers Compensation Bureau
,
428 N.W.2d 514 (N.D. 1988)
(Concurring)
State v. Melin
,
428 N.W.2d 227 (N.D. 1988)
(Dissenting)
State v. Dagley
,
430 N.W.2d 63 (N.D. 1988)
(Dissenting)
Dickinson Public School v. Sanstead
,
425 N.W.2d 906 (N.D. 1988)
(Concurring)
State v. Wright
,
426 N.W.2d 3 (N.D. 1988)
(Dissenting)
State v. Nygaard
,
426 N.W.2d 547 (N.D. 1988)
(Dissenting)
State v. Falconer
,
426 N.W.2d 10 (N.D. 1988)
(Concurred in result)
State v. Welch
,
426 N.W.2d 550 (N.D. 1988)
(Concurred in result)
State v. Anderson
,
427 N.W.2d 316 (N.D. 1988)
(Dissenting)
City of Minot v. Freelander
,
426 N.W.2d 556 (N.D. 1988)
(Dissenting)
Estate of Stuckle
,
427 N.W.2d 96 (N.D. 1988)
(Concurring)
Dosland v. Netland
,
424 N.W.2d 141 (N.D. 1988)
(Concurred in result)
State v. Hogie
,
424 N.W.2d 630 (N.D. 1988)
(Concurred in result)
Olson v. Fraase
,
421 N.W.2d 820 (N.D. 1988)
(Concurring and dissenting)
Bellemare v. Gateway Builders, Inc.
,
420 N.W.2d 733 (N.D. 1988)
(Concurring and dissenting)
Eldridge v. Evangelical Lutheran Good Samaritan Society
,
417 N.W.2d 797 (N.D. 1987)
(Dissenting)
Fastow v. Burleigh County Water Resource District
,
415 N.W.2d 505 (N.D. 1987)
(Concurred in result)
North Valley Water Association, Inc. v. Northern Improvement Company
,
415 N.W.2d 492 (N.D. 1987)
(Concurred in result)
St. John Public School Dist. No. 3 v. Engineers-Architects, P.C.
,
414 N.W.2d 285 (N.D. 1987)
(Concurring and dissenting)
Estate of Sorensen
,
411 N.W.2d 362 (N.D. 1987)
(Concurring)
Boyko v. ND Workmen's Compensation Bureau
,
409 N.W.2d 638 (N.D. 1987)
(Concurring)
State v. Reil
,
409 N.W.2d 99 (N.D. 1987)
(Dissenting)
Sadler v. Basin Electric Power Cooperative
,
409 N.W.2d 87 (N.D. 1987)
(Concurred in result)
Waith v. ND Workmen's Compensation Bureau
,
409 N.W.2d 94 (N.D. 1987)
(Concurred in result)
Imperial Oil v. Industrial Commission
,
406 N.W.2d 700 (N.D. 1987)
(Dissenting)
Volk v. Volk
,
404 N.W.2d 495 (N.D. 1987)
(Concurring and dissenting)
Farmland Mutual Ins. Co. v. Farmers Elevator, Inc.
,
404 N.W.2d 473 (N.D. 1987)
(Concurring)
McRae v. Carbno
,
404 N.W.2d 508 (N.D. 1987)
(Dissenting)
Hennum v. City of Medina
,
402 N.W.2d 327 (N.D. 1987)
(Concurred in result)
S.H. v. Petersen
,
401 N.W.2d 694 (N.D. 1987)
(Dissenting)
Vande Hoven v. Vande Hoven
,
399 N.W.2d 855 (N.D. 1987)
(Concurring)
Bailey v. Perkins Restaurants, Inc.
,
398 N.W.2d 120 (N.D. 1986)
(Concurred in result)
Dickinson Air Service, Inc. v. Kadrmas
,
397 N.W.2d 55 (N.D. 1986)
(Concurring)
Grace v. North Dakota Workmen's Compensation Bureau
,
395 N.W.2d 576 (N.D. 1986)
(Dissenting)
Blueshield v. Job Service North Dakota
,
392 N.W.2d 70 (N.D. 1986)
(Dissenting)
R & D Amusement Corporation v. Christianson
,
392 N.W.2d 385 (N.D. 1986)
(Concurring)
Johnson v. Hamill
,
392 N.W.2d 55 (N.D. 1986)
(Concurring)
Ranta v. McCarney
,
391 N.W.2d 161 (N.D. 1986)
(Dissenting)
Interest of L.D.R.T.
,
391 N.W.2d 594 (N.D. 1986)
(Concurred in result)
Dennis v. Dennis
,
387 N.W.2d 234 (N.D. 1986)
(Concurring)
Minot Farmers Elevator v. Conrad
,
386 N.W.2d 463 (N.D. 1986)
(Concurring)
State v. Kingsley
,
383 N.W.2d 828 (N.D. 1986)
(Joined in concurrence)
Erickson v. Erickson
,
384 N.W.2d 659 (N.D. 1986)
(Joined in concurrence)
Olmstead v. Miller
,
383 N.W.2d 817 (N.D. 1986)
(Concurring and dissenting)
Schirado v. North Dakota State Highway Commissioner
,
382 N.W.2d 391 (N.D. 1986)
(Dissenting)
Estate of Vertin
,
381 N.W.2d 199 (N.D. 1986)
(Concurring)
State v. Fontaine
,
382 N.W.2d 374 (N.D. 1986)
(Concurring)
Sonterre v. Job Service
,
379 N.W.2d 281 (N.D. 1985)
(Joined in concurrence)
Jablonsky v. Klemm
,
377 N.W.2d 560 (N.D. 1985)
(Concurring)
Dakota Bank & Trust Co. v. Brakke
,
377 N.W.2d 553 (N.D. 1985)
(Concurring)
S.M.B. v. G.G.
,
376 N.W.2d 27 (N.D. 1985)
(Joined in dissent)
State v. Tibor
,
373 N.W.2d 877 (N.D. 1985)
(Concurring)
D.G. Porter, Inc. v. Fridley
,
373 N.W.2d 917 (N.D. 1985)
(Concurring and dissenting)
State v. Tininenko
,
371 N.W.2d 762 (N.D. 1985)
(Concurring)
Patten v. Green
,
369 N.W.2d 105 (N.D. 1985)
(Concurring)
Moser v. North Dakota Highway Commissioner
,
369 N.W.2d 650 (N.D. 1985)
(Dissenting)
State v. Presbuch
,
366 N.W.2d 794 (N.D. 1985)
(Dissenting)
Dennis v. Dennis
,
366 N.W.2d 474 (N.D. 1985)
(Concurring)
Patzer v. Glaser
,
355 N.W.2d 798 (N.D. 1984)
(Joined in dissent)
Generated from Supreme Court Docket on 10/10/2008