The Supreme Court has issued three new opinions. The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
WSI v. Sandberg, et al.2021 ND 39 Docket No.: 20200174 Filing Date: 3/3/2021 Case Type: WORKERS COMPENSATION Author: McEvers, Lisa K. Fair
Highlight:Claimants must prove by a preponderance of evidence that they have sustained a compensable injury and are entitled to workers’ compensation benefits.
A claimant must prove that the condition for which benefits are sought is “causally related” to a work injury. To establish a “causal connection,” a claimant must demonstrate the claimant’s employment was a substantial contributing factor to the injury and need not show employment was the sole cause of the injury.
A compensable injury must be established by medical evidence supported by objective medical findings, which may include a physician’s medical opinion based on an examination, a patient’s medical history, and the physician’s education and experience.
Lund v. Swanson, et al.2021 ND 38 Docket No.: 20200147 Filing Date: 3/3/2021 Case Type: CONTRACTS Author: VandeWalle, Gerald W.
Highlight:A settlement agreement is a contract between parties, and thus contract law applies.
An agreement to transfer oil interests for valuable consideration is an agreement for the sale of real property, or of an interest therein, under the statute of frauds, N.D.C.C. § 9-06-04(3).
Subsection 9-06-04(3), N.D.C.C., provides that an agreement for the sale of real property, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing subscribed by the party sought to be charged.
To take a contract out of the statute of frauds, the party seeking to enforce the oral contract must establish part performance that is not only consistent with, but that is consistent only with, the existence of the alleged oral contract.
Cases accepting the doctrine of part performance have recognized three major categories of acts by the purchaser that may make an oral contract enforceable: paying the contract price, taking possession of the property, and making improvements.
A party missing out on the benefit of their contractual bargain does not promote an injustice or perpetrate a fraud as to require an agreement to be removed from the statute of frauds.
Friesz v. State2021 ND 37 Docket No.: 20200169 Filing Date: 3/3/2021 Case Type: POST-CONVICTION RELIEF Author: Jensen, Jon J.
Highlight:In a post-conviction relief proceeding, a petitioner is entitled to a fourteen-day window to respond to a request for dismissal of their petition for post-conviction relief.
