Olson v. Olson, et al. 2024 ND 206 Docket No.: 20240067 Filing Date: 11/8/2024 Case Type: Appeal - Civil - Real Property Author: Crothers, Daniel John
Highlight:A district court must have sufficient evidence to support a finding of great prejudice prior to ordering a partition by sale.
The party seeking partition by sale must prove great prejudice with authenticated evidence that a physical partition would result in serious pecuniary injury.
Mbulu v. State 2024 ND 205 Docket No.: 20240036 Filing Date: 11/8/2024 Case Type: Appeal - Civil - Post-Conviction Relief Author: Per Curiam
Highlight:An amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7), and (8).
State v. Callahan 2024 ND 204 Docket No.: 20240145 Filing Date: 11/8/2024 Case Type: Appeal - Criminal - Misc. Misdemeanor Author: Per Curiam
Highlight:A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
State v. Cruz 2024 ND 203 Docket No.: 20240099 Filing Date: 11/8/2024 Case Type: Appeal - Criminal - Assault Author: Per Curiam
Highlight:A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Sanderson v. Myrdal, et al. 2024 ND 202 Docket No.: 20240091 Filing Date: 11/8/2024 Case Type: Appeal - Civil - Other Author: Tufte, Jerod E.
Highlight:A district court's grant of summary judgment for defendant is affirmed.
A plaintiff may not challenge the court's jurisdiction over a defendant who admitted personal jurisdiction on the basis of defects in the plaintiff's service of process on the defendant.
Generally, a plaintiff may not obtain a default judgment after being served with defendant's answer.
Under Lindke v. Freed, 601 U.S. 187 (2024), a state official's social-media activity constitutes state action under 42 U.S.C. § 1983 only if the official (1) possessed actual authority to speak on the state's behalf, and (2) purported to exercise that authority when he spoke on social media.
A district court has discretion under N.D.C.C. § 28-26-01(2) to determine whether a claim is frivolous and how much to award, but the district court must award costs and attorney's fees if it finds the claim is frivolous.
Fargo Education Association v. Fargo Public School District 2024 ND 201 Docket No.: 20240151 Filing Date: 11/8/2024 Case Type: Appeal - Civil - Other Author: Bahr, Douglas Alan
Highlight:School psychologists not "employed primarily as a classroom teacher" are not "teachers" as defined in N.D.C.C. § 15.1-16-01(5).
Hilton v. North Dakota Edu. Ass'n, 2002 ND 209, 655 N.W.2d 60, is overruled to the extent it holds a licensed school district employee who is not an administrator is a teacher irrespective of the employee's assigned teaching duties.
A special education teacher is not a "teacher" within N.D.C.C. ch. 15.1-16 when the teacher is not a school employee. This Court does not hold whether a school district may provide teaching services through independent contractors.
