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Interest of J.O.2021 ND 76 Docket No.: 20200194 Filing Date: 4/20/2021 Case Type: JUVENILE LAW Author: VandeWalle, Gerald W.
Highlight:The termination of a guardianship in one case does not create a factual presumption that a guardianship in a related case should be terminated.
Under N.D.C.C. § 27-20.1-16(3)(c), a petitioner must show by clear and convincing evidence that the circumstances that led to the guardianship no longer exist.
A juvenile court does not need to find exceptional circumstances to extend a guardianship.
Under N.D.C.C. § 27-20.1-17(1), a juvenile court does not need to use the words “good cause” to make a finding rising to the level of good cause.
Sollin, et al. v. Klein2021 ND 75 Docket No.: 20200202 Filing Date: 4/20/2021 Case Type: OTHER (Civil) Author: Jensen, Jon J.
Highlight:A party may waive a personal jurisdiction argument by voluntarily submitting to the personal jurisdiction of the court.
A continuance is the proper remedy for a party claiming unfair surprise.
Before a restraining order may be granted, the petitioner must prove their petition through testimony, rather than by affidavits alone, with an opportunity for cross-examination.
N.B. et al. v. Terwilliger, et al.2021 ND 74 Docket No.: 20200185 Filing Date: 4/20/2021 Case Type: PERSONAL INJURY Author: VandeWalle, Gerald W.
Highlight:When a district court answers a jury’s question on a point of law, it is further instructing the jury.
No law requires a district court to give a jury an instruction on the authority to place property in a trust under N.D.C.C. § 30.1-29-09.
Under N.D.R.Civ.P. 59(g), conformance to the evidence and the district court’s instructions negates any assertion that the verdict was rendered under passion or prejudice.
An inadequate jury award provides a basis for a new trial when it is without support in the evidence.
Highlight:Summary judgment is appropriate where there is no dispute as to the material facts or the inferences to be drawn from the undisputed facts, or whenever only a question of law is involved.
A party resisting summary judgment cannot rely only on the pleadings, but must present competent admissible evidence raising an issue of material fact.
A district court’s award of attorney’s fees will not be reversed absent an abuse of discretion.
City of Jamestown v. Casarez2021 ND 71 Docket No.: 20200279 Filing Date: 4/20/2021 Case Type: DUI/DUS Author: Crothers, Daniel John
Highlight:An ordinance is not in conflict with a statute where it does not allow that which the statute expressly prohibits.
Jamestown Municipal Code § 21-04-06 is not in direct conflict with N.D.C.C. § 39-08-01.
A person is seized within the meaning of the Fourth Amendment of the United States Constitution only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed he was not free to leave.
Under the Fourth Amendment of the United States Constitution, an officer may, in appropriate circumstances and in an appropriate manner, detain an individual for investigative purposes when there is no probable cause to make an arrest if a reasonable and articulable suspicion exists that criminal activity is afoot.
Big Pines v. Baker, et al.2021 ND 70 Docket No.: 20200237 Filing Date: 4/20/2021 Case Type: LANDLORD/TENANT Author: Crothers, Daniel John
Highlight:A personal guaranty allowing the guarantee to proceed directly against the guarantor without first proceeding against the principal is absolute and unconditional.
Under an absolute guaranty, the guarantor is liable to the guarantee immediately upon the default of the principal.
A decision on an award of attorney’s fees rests in the sound discretion of the district court.
The Supreme Court and the district courts possess concurrent jurisdiction to award attorney’s fees on appeal; however a preference exists that the initial determination be made by the district court.
State v. Landis2021 ND 69 Docket No.: 20200323 Filing Date: 4/20/2021 Case Type: HOMICIDE Author: Per Curiam
Highlight:A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3).
Highlight:The notice requirements for claims against the State of North Dakota or a state employee under N.D.C.C. § 32-12.2-04(1) apply to counterclaims.
Entry of default judgment as a sanction for discovery abuse may be imposed when there is a deliberate or bad-faith non-compliance that constitutes a flagrant abuse or disregard for the discovery rules.
Interest of A.G.2021 ND 67 Docket No.: 20210075 Filing Date: 4/20/2021 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam
Highlight:Juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
