Nodak Mutual Ins. Co., et al. v. Ward Co. Farm Bureau, et al.
Docket No. 20030134
Oral Argument:
Wednesday, December 10, 2003 2:45pm
Docket Info
- Title
- Nodak Mutual Insurance
Company, a North Dakota
mutual insurance company,
and the Office of the
North Dakota Insurance
Commissioner, Plaintiffs and Appellees
v.
The Ward County Farm
Bureau, a North Dakota
non-profit corporation
located in Ward County,
and currently unidentified
John Does acting in
cooperation or concert
with the named Defendant, Defendants and Appellants - Case Type
- CIVIL APPEAL : INSURANCE
- Appeal From
-
Case No. 03-C-01208
South Central Judicial District, Burleigh County
Benny A. Graff
2004 ND 60676 N.W.2d 752
Oral Argument
12/10/2003
Highlight
A defendant must have standing to assert a counterclaim against a plaintiff.
The existence of standing is a question of law which is reviewed de novo.
Individual shareholders generally have no right to bring actions in their individual names and on their own behalf for a wrong committed against the corporation.
To have standing to sue individually, a shareholder must allege an injury separate and distinct from other shareholders.
The statutory right to shareholder access to corporate documents and records provides a right of inspection, not a right to receive answers to questions submitted by shareholders.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | ATT. GENERAL OFFICE | Douglas Alan Bahr - 04940 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/06/2003 | NOTICE OF APPEAL : 05/05/2003 | |
2 | 05/06/2003 | ORDER FOR TRANSCRIPT : 05/05/2003 | |
3 | 06/16/2003 | MOT. EXT/TIME TRANSCRIPT (Dorothy Rolfstad) | |
4 | 06/16/2003 | ACTION BY TRIAL COURT - Granted : 08/03/2003 | |
5 | 06/16/2003 | RETENTION OF RECORD ON APPEAL : 08/03/2003 | |
6 | 08/05/2003 | TRANSCRIPT DATED February 10, 2003 & March 14, 2003 (1 vol.) | |
7 | 08/05/2003 | DISK - TRA (2/10/03 & 3/14/03) | |
8 | 08/05/2003 | RECORD ON APPEAL & SEPARATES (#9 & 16)(Not rec'd: #8--Admission of Service, which clerks indicates | |
9 | 08/05/2003 | was unable to be located; and #24 & 41--Court Reporter Notes) | |
10 | 09/13/2003 | MOT. EXT/TIME APPELLANT BRIEF (faxed) | |
11 | 09/13/2003 | E-FILED MOTION (MAT) | |
12 | 09/15/2003 | ACTION BY CLERK - Granted : 09/29/2003 | |
13 | 09/15/2003 | Original Mot/Ext/ATB & Aff/Support(same as faxed copy filed 9-13-03) | |
14 | 09/29/2003 | APPELLANT BRIEF | View |
15 | 09/29/2003 | APPELLANT APPENDIX | |
16 | 10/02/2003 | DISK - ATB | |
17 | 10/02/2003 | Certificate of Service of ATB | |
18 | 10/02/2003 | Letter from Lynn Boughey dated 10-1-03 RE: All Defendants should be Appellants | |
19 | 10/30/2003 | APPELLEE BRIEF (Office of ND Ins. Commissioner) with attached addendum | View |
20 | 10/30/2003 | DISK - (AEB)(e-mailed) | |
21 | 10/31/2003 | APPELLEE BRIEF (Nodak Mutual Ins. Co.) with attached addendum | View |
22 | 11/03/2003 | DISK - AE2 (Nodak Mutual Ins. Co.) | |
23 | 11/12/2003 | Letter dated 11-10-03 from Todd E. Zimmerman | |
24 | 11/12/2003 | Faxed letter dated 11-12-03 from Lynn M. Boughey | |
25 | 11/14/2003 | REPLY BRIEF of Appellant with Addendum | View |
26 | 11/17/2003 | DISK - RYB | |
27 | 11/17/2003 | Copy of letter from Lynn Boughey to Todd Zimmerman & Douglas Bahr dated 11-14-03 | |
28 | 11/17/2003 | Letter from Lynn Boughey dated 11-15-03 | |
29 | 11/17/2003 | Letter from Douglas Bahr dated 11-14-03 | |
30 | 11/17/2003 | Letter from Todd Zimmerman dated 11-14-03 | |
31 | 11/17/2003 | Ward County Farm Bureau's MOTION to Supplement Record under Rule 10(h) & Brief in Support | |
32 | 11/17/2003 | NO ACTION TAKEN (Mot/Supplement Record) | |
33 | 11/21/2003 | Brief in Opposition to Ward County Farm Bureau's Motion to Supplement the Record | |
34 | 11/25/2003 | Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 11-24-03) (AUTHORIZED) | |
35 | 12/01/2003 | Reply Brief in Response to the Commissioner's Brief in Opposition to Supplement the Record | |
36 | 12/10/2003 | APPEARANCES: Lynn M. Boughey, John Fjeldahl, Todd E. Zimmerman, and Douglas A. Bahr, Solicitor | |
37 | 12/10/2003 | General | |
38 | 12/10/2003 | ARGUED: Boughey; Zimmerman and Bahr (Vol. Y; Page 183) | |
39 | 12/10/2003 | ORAL ARGUMENT WEBCAST | |
40 | 03/23/2004 | DISPOSITION | |
41 | 03/23/2004 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
42 | 03/23/2004 | Costs on appeal taxed in favor of appellee | |
43 | 03/25/2004 | Judgment Mailed to Parties | |
44 | 04/06/2004 | PETITION FOR REHEARING | View |
45 | 04/07/2004 | DISK - PER | |
46 | 04/13/2004 | ACTION BY SUPREME COURT (PER) - Denied | |
47 | 04/23/2004 | MANDATE | |
48 | 04/27/2004 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
49 | 08/25/2010 | EXPUNGED - Nonpermanent record items destroyed |