Opinions

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DeLong v. Shields, et al. 2019 ND 2
Docket No.: 20180198
Filing Date: 1/15/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: A district court’s award of unsupervised parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Petition to Permit Temporary Provision of Legal Services 2019 ND 1
Docket No.: 20160436
Filing Date: 1/9/2019
Case Type:
Author: Per Curiam

Highlight: Order on petition for temporary lawyer practice.

Berg v. North Dakota State Board of Registration 2018 ND 274
Docket No.: 20170413
Filing Date: 12/11/2018
Case Type: ADMINISTRATIVE PROCEEDING
Author: Jensen, Jon J.

Highlight: In reviewing an administrative agency’s findings of fact, the Supreme Court does not make independent findings of fact or substitute its judgment for that of the agency.
In an administrative proceeding, the administrative agency resolves conflicts of evidence and weighs the credibility of witnesses.

Bakke v. Magi-Touch Carpet One Floor & Home, Inc., et al. 2018 ND 273
Docket No.: 20180116
Filing Date: 12/6/2018
Case Type: CONTRACTS
Author: Jensen, Jon J.

Highlight: An employer of an independent contractor generally is not liable for the negligence of the independent contractor.

North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts.

A contracting party cannot escape its liability on the contract by merely assigning its duties and rights under the contract to a third party.

The remedy for fraud is rescission of the contract and requires returning the parties back to their original positions.

Deceit is not an action dependent on a contract; it is a tort cause of action, and allows recovery of damages upon proof of an affirmative misrepresentation or suppression of material facts.

When a party requests leave to amend without requesting additional discovery and a summary judgment motion has been docketed, the proposed amendment must be both theoretically viable and solidly grounded in the record.

The measure of damages for breach of contract is the amount which will compensate the injured person for the loss which fulfillment of the contract would have prevented or the breach of the contract now requires.

City of Grand Forks v. Barendt 2018 ND 272
Docket No.: 20180227
Filing Date: 12/6/2018
Case Type: DUI/DUS
Author: McEvers, Lisa K. Fair

Highlight: The implied consent advisory under N.D.C.C. 39-20-01(3) must be read after placing an individual under arrest and before administering a chemical test to determine alcohol concentration or the presence of other drugs.

Dale Exploration, LLC, et al. v. Hiepler, et al. 2018 ND 271
Docket No.: 20180065
Filing Date: 12/6/2018
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: The settlor of an irrevocable trust with the power to remove trust property must convey mineral interests that he sold in an individual capacity while the property was titled under the trust.

Lechner v. WSI, et al. 2018 ND 270
Docket No.: 20180203
Filing Date: 12/6/2018
Case Type: WORKERS COMPENSATION
Author: Tufte, Jerod E.

Highlight: A claim for workers’ compensation benefits must be filed within one year after the injury.
The date of injury for purposes of determining whether a claim for benefits is timely filed is the first date a reasonable lay person, not learned in medicine, knew or should have known that he suffered a compensable work-related injury and has either lost wages or received medical treatment.

State v. Vollrath 2018 ND 269
Docket No.: 20180161
Filing Date: 12/6/2018
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Tufte, Jerod E.

Highlight: Once a judgment is final, a district court generally no longer has jurisdiction to alter, amend, or modify that judgment.

Rustad v. Baumgartner 2018 ND 268
Docket No.: 20180080
Filing Date: 12/6/2018
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Tufte, Jerod E.

Highlight: A parenting plan is clearly erroneous when it denies a parent overnights or extended summer visitation without evidence of endangerment to the child’s physical or emotional health.

State ex rel. City of Marion v. Alber 2018 ND 267
Docket No.: 20180074
Filing Date: 12/6/2018
Case Type: OTHER (Civil)
Author: Tufte, Jerod E.

Highlight: Under N.D.R.Civ.P. 60(b), a district court cannot amend an order to impose further affirmative relief. If an amendment grants no further relief but merely more clearly articulates the same substantive relief, it may be made under Rule 60(a) at any time.

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