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New opinions: April 5 Monday, April 5, 2021

The Supreme Court has issued 2 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.

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Kaspari v. Kaspari 2021 ND 63
Docket No.: 20200258
Filing Date: 4/5/2021
Author: VandeWalle, Gerald W.

Highlight: Under N.D.C.C. § 14-05-24.1(1), an award of spousal support must be for “a limited period of time.” An award of spousal support “until death or remarriage” does not comply with N.D.C.C. § 14-05-24.1(1) because it is indefinite and lacks a fixed duration.

Great Plains Royalty Corp. v. Earl Schwartz Co., et al. 2021 ND 62
Docket No.: 20200133
Filing Date: 4/5/2021
Author: McEvers, Lisa K. Fair

Highlight: Standing is the concept used to determine whether a party is sufficiently affected to ensure a justiciable controversy exists.

The law of the case doctrine precludes parties from relitigating issues resolved in a prior appeal or issues that would have been resolved had they been properly presented.

Collateral estoppel, or issue preclusion, forecloses relitigation of issues that were decided in a prior action or by necessary implication must have been litigated and decided.

When the district court’s rationale is unclear, remand is appropriate.

Slander of title requires evidence that the defendant acted with malice.

Conversion and unjust enrichment are distinct causes of action.