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Highlight:Under N.D.R.App.P.47, questions certified by a foreign court may be answered if the question could be determinative of the proceeding and there is no controlling precedent. The standard for answering questions certified by a foreign court is less stringent than the standard for answering a question certified by a state district court, which requires the question be determinative.
Section 38-08-08(1), N.D.C.C., does not require allocation of oil and gas production from one spacing unit to another.
The North Dakota Supreme Court will not answer certified questions absent development of the factual record because doing so exposes the court to the danger of improvidently deciding issues.
Feickert v. Feickert2022 ND 210 Docket No.: 20220102 Filing Date: 11/23/2022 Case Type: GUARDIAN/CONSERVATOR Author: McEvers, Lisa K. Fair
Highlight:Voluntarily paying a partial undisputed amount of a judgment does not waive a party’s right to appeal the remaining disputed amount or other unrelated claims. However, partial satisfaction of a judgment extinguishes the underlying claim.
A party bringing a claim for unjust enrichment must sufficiently plead facts supporting their claim that would place the other party on notice of the claim.
A party failing to provide supporting argument for their position on appeal waives the issue.
Interest of A.M.K.2022 ND 209 Docket No.: 20220316 Filing Date: 11/23/2022 Case Type: MENTAL HEALTH Author: Per Curiam
Highlight:A district court’s orders for continuing hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Moses2022 ND 208 Docket No.: 20220101 Filing Date: 11/23/2022 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Tufte, Jerod E.
Highlight:Statutes are interpreted to give meaning and effect to every word, phrase, and sentence, and construed to avoid rendering part of the statute mere surplusage.
Under the firearm prohibition statute, a person is prohibited from possessing a firearm for five years after being convicted of a felony. A prior juvenile adjudication of a delinquent act equivalent to a felony qualifies as a predicate felony conviction.
If two or more statutes relating to the same subject matter conflict, we attempt to give meaningful effect to each without rendering one or the other useless. If the conflict is irreconcilable, the special provision must generally prevail and be construed as an exception to the general provision.
A firearm prohibition is a collateral consequence, and there is no constitutional requirement that a defendant or juvenile delinquent be notified of such prohibition or the possibility of a future firearm conviction for violating the prohibition.
A law is not unconstitutionally vague if the challenged language, when measured by common understanding and practice, gives adequate warning of the conduct proscribed and marks boundaries sufficiently distinct for fair administration of the law.
Anton v. Klipfel, et. al.2022 ND 207 Docket No.: 20220202 Filing Date: 11/23/2022 Case Type: JOB SERVICE Author: Jensen, Jon J.
Highlight:A Job Service North Dakota’s decision is affirmed when a reasoning mind reasonably could have determined the agency’s factual conclusions were proved by the weight of evidence.
State v. Peltier2022 ND 206 Docket No.: 20220096 Filing Date: 11/23/2022 Case Type: HOMICIDE Author: Tufte, Jerod E.
Highlight:Criminal judgments entered after a jury verdict are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).
Review of a restitution order is limited to whether the district court acted within the limits set by statute, which is similar to an abuse of discretion standard. In determining the restitution amount, the court shall take into account the reasonable damages sustained by the victim of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant’s criminal action.
Mullin, et al. v. Pendlay2022 ND 205 Docket No.: 20220148 Filing Date: 11/23/2022 Case Type: MALPRACTICE Author: Jensen, Jon J.
Highlight:Common law theory of imposing a trust based upon a confidential relationship is still present in North Dakota law.
To successfully plead the defense of unclean hands/illegality the defendant must not have been a participant in the unlawful act.
When it is alleged that an attorney negligently failed to perform some act on behalf of the client, the plaintiff must allege and prove performance of the act would have benefited the client.
If a party fails to provide supporting argument for an issue listed in their brief, they are deemed to have waived that issue.