Cichos, et al. v. Dakota Eye Institute, P.C., et al. Docket No.: 20230212 Filing Date: 4/19/2024 Case Type: Appeal - Civil - Malpractice Author: Tufte, Jerod E.
Highlight:Case Highlight: Rule 54(b), N.D.R.Civ.P., preserves our long-standing policy against piecemeal appeals. When this Court considers the merits in a case involving a N.D.R.Civ.P. 54(b) certification, it does so because the resolution of the issue on appeal will always need to be resolved and is separate from the issue left to be adjudicated. To establish a prima facie case of professional negligence, a plaintiff must produce expert evidence establishing the applicable standard of care, violation of that standard, and a causal relationship between the violation and the harm complained of. To warrant a finding that a person's conduct is the proximate cause of an injury, the injury must be the natural and probable result of the conduct and must have been foreseen or reasonably anticipated by that person as a probable result of the conduct. Mere speculation is not enough.
Schmidt v. Hess Corp., et al. Docket No.: 20230272 Filing Date: 4/19/2024 Case Type: Appeal - Civil - Personal Injury Author: Crothers, Daniel John
Highlight:Case Highlight: To prove negligence, a plaintiff must establish the existence of a duty, breach of that duty, and an injury proximately caused by the breach of duty. The employer of an independent contractor who retains control of part of the work owes a duty of care to the independ ent contractor' s employees to exercise the retained control with reasonable care. A property owner who hires an independent contractor may be held liable to the independent contractor and its employees for injuries resulting from hazards at the workplace when the property owner retains control over the work.
State v. Fuglesten Docket No.: 20230299 Filing Date: 4/19/2024 Case Type: Appeal - Criminal - DUI/DUS/APC Author: Tufte, Jerod E.
Highlight:A criminal judgment entered after a conditional plea is reversed and remanded to allow for withdrawal of the guilty plea because law enforcement illegally entered the home without exigent circumstances. If a misdemeanant is fleeing law enforcement, then exigent circumstances are required to permit law enforcement to enter the misdemeanant's home.
Rennie v. State Docket No.: 20230303 Filing Date: 4/19/2024 Case Type: Appeal - Civil - Post-Conviction Relief Author: McEvers, Lisa K. Fair
Highlight:Case Highlight: A district court order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Garaas, et al. v. Continental Resources, et al. Docket No.: 20230306 Filing Date: 4/19/2024 Case Type: Appeal - Civil - Contracts Author: Jensen, Jon J.
Highlight:We will not consider an appeal in a multi-claim lawsuit where the district court order disposes of fewer than all the claims against all the parties unless the court has determined that a certification under N.D.R.Civ.P. 54(b) is appropriate.
Berdahl v. Berdahl Docket No.: 20230278 Filing Date: 4/19/2024 Case Type: Appeal - Civil - Divorce - Property Author: Crothers, Daniel J.
Highlight:Case Highlight: When this Court has made a legal pronouncement and remanded a case for further proceedings, the parties may not relitigate the issue and the district court is required to follow the terms of our decision. The district court has some discretion on the procedures used on remand. However, that discretion is not without bounds and must be exercised within the scope of our decision. Adverse or erroneous rulings do not, by themselves, demonstrate bias of a district court judge.
