http://www.ndcourts.gov/Search/Opinions.asp Opinions from the North Dakota Supreme Court http://www.ndcourts.gov/xml/seal.gif http://www.ndcourts.gov/Search/Opinions.asp http://www.ndcourts.gov/court/opinions/20120130.htm Lawyer suspension ordered. Mon, 14 May 2012 16:32:40 CDT http://www.ndcourts.gov/court/opinions/20110305.htm An agreement may be supplemented by custom or usage, under appropriate circumstances
Pooling and unitization of separately owned tracts do not create a cotenancy between the several leaseholders.
When a claim for conversion and a claim for breach of contract arise under the same facts, tort liability for conversion does not occur unless the conduct that constitutes a breach of contract also gives rise to liability independent of the existence of a contract between the parties. Fri, 4 May 2012 14:43:48 CDT http://www.ndcourts.gov/court/opinions/20110287.htm A partial judgment that disposes of fewer than all claims against all parties will not be considered on appeal absent N.D.R.Civ.P. 54(b) certification.
On appeal, the appropriateness of N.D.R.Civ.P. 54(b) certification is reviewed. Fri, 4 May 2012 14:43:48 CDT http://www.ndcourts.gov/court/opinions/20110338.htm When a default judgment, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, is appealed, it is reviewed to determine whether irregularities appear on the face of the judgment.
District courts have broad discretion in the quality of proof necessary for entering a default judgment.
An appearance is any response sufficient to give a plaintiff or his or her attorney notice of an intent to contest the claim. Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110109.htm Although a teacher who does not receive a notice of nonrenewal is entitled to an offer of reemployment under the same terms and conditions as the current contract, the teacher does not have a right to an identical contract with identical duties and assignments as the current year.
A teacher's right to an offer of reemployment is the right to continued employment in the district in a position for which the teacher is qualified, not the right to teach at a particular school or a particular grade level.
A notice of nonrenewal is required when a change in a teacher's assigned curricular duties is coupled with a severe reduction in salary; however, incidental financial or time consequences of a reassignment, including extra travel expenses and travel time, do not trigger the right to a notice of nonrenewal. Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110262.htm To receive WSI benefits, a claimant must prove, by a preponderance of the evidence, a compensable injury was suffered.
The definition of "compensable injury" excludes preexisting injuries unless the employment substantially accelerated or substantially worsened an injury's severity.
A compensable injury does not exist when a claimant's employment merely triggered symptoms of a preexisting injury.
When an employee cannot be returned to substantial gainful employment under the hierarchy of options in section 65-05.1-01(4), N.D.C.C., but meets the income test under section 65-05.1-01(6)(a)(3), N.D.C.C., the employee has a retained earnings capacity and is entitled to partial disability benefits. Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110233.htm When considering modification of primary residential responsibility, a district court must gauge the best interests of the child factors against the backdrop of the stability of the child's relationship with the custodial parent.
Cases that are "close calls" may result in a change of primary residential responsibility when other considerations are weightier than the custodial stability factor.
Although a change of primary residential responsibility is legally permissible without resorting to other remedies, that result should be a rare event rather than the first choice. Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110364.htm Judgment summarily dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110313.htm Order dismissing application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6). Thu, 3 May 2012 14:34:44 CDT http://www.ndcourts.gov/court/opinions/20110343.htm A district court order summarily dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). Thu, 3 May 2012 14:34:44 CDT