ICON HD v. National Sports Opportunity Partners, et al. 2025 ND 95 Docket No.: 20240265 Filing Date: 5/8/2025 Case Type: Appeal - Civil - Contracts Author: Crothers, Daniel John
Highlight:A party must include affirmative defenses in its responsive pleading.
A party may have privity with another party that bars new litigation under res judicata.
Releases contained in a settlement agreement are subject to normal rules of contract interpretation.
Nagle v. Nagle 2025 ND 94 Docket No.: 20240260 Filing Date: 5/8/2025 Case Type: Appeal - Civil - Divorce Author: Bahr, Douglas Alan
Highlight:Interlocutory orders in an action are merged into the final judgment and may be reviewed on appeal of that judgment.
A district court considers the Ruff-Fischer guidelines when distributing marital property. The "duration of the marriage" factor is only one factor and is the length of the marriage being dissolved by the court, irrespective of whether there was a prior marriage or marriages with the same party or another person.
In a short-term marriage, the district court may return to the parties what they brought into the marriage, but the division of property and debt must be equitable.
Matter of Robinson 2025 ND 93 Docket No.: 20250057 Filing Date: 5/8/2025 Case Type: Appeal - Civil - Other Author: McEvers, Lisa K. Fair
Highlight:A person with a felony conviction petitioning for a name change must prove by clear and convincing evidence that the name change request is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to an individual, and will not compromise public safety.
ND Indoor RV Park v. State, et al. 2025 ND 92 Docket No.: 20240293 Filing Date: 5/8/2025 Case Type: Appeal - Civil - Other Author: Jensen, Jon J.
Highlight:The right to appeal is governed by statute, and without a statutory basis to hear an appeal, we do not have jurisdiction and we must dismiss the appeal.
This Court's authority to issue supervisory writs is derived from Art. VI, § 2, N.D. Const., which vests this Court with appellate and original jurisdiction with authority to issue, hear, and determine such original and remedial writs as may be necessary to properly exercise its jurisdiction. This Court exercises its discretionary authority to issue supervisory writs rarely and cautiously, and only in cases when no adequate alternative remedy exists.
Public officials are protected by qualified immunity unless it is shown that (1) the official violated a statutory or constitutional right, and (2) the right was clearly established at the time of the challenged conduct.
To prove a substantive due process violation, one must establish a constitutionally protected property interest and that a public official used their power in such an arbitrary and oppressive way that it shocks the conscience.
To prove a procedural due process violation, one must establish that: (1) a public official deprived them of some life, liberty, or property interest, and (2) the deprivation of that interest was done without due process. Procedural due process necessitates a notice and a meaningful opportunity to be heard.
Dismissal for lack of subject matter jurisdiction is generally appropriate if the plaintiff fails to exhaust administrative remedies.
State v. Taylor 2025 ND 91 Docket No.: 20240033 Filing Date: 5/8/2025 Case Type: Appeal - Criminal - Homicide Author: Jensen, Jon J.
Highlight:The omission of a single juror's response to a jury poll in a trial transcript does not establish a violation of the constitutional right to a unanimous verdict when the record sufficiently demonstrates the existence of other safeguards ensuring that the jury was properly impaneled and returned a unanimous verdict free of coercion or pressure.
The district court has wide discretion over the mode and order of presenting evidence, and over the use of extrinsic evidence to refresh memory or impeach a witness based on a prior inconsistent statement.
A sentencing decision will only be vacated if the district court acted outside the limits prescribed by statute or substantially relied on an impermissible factor in determining the severity of the sentence.
