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WSI v. Oden

Docket No. 20190242
Oral Argument: Monday, February 24, 2020 10:45 AM

Docket Info

Title
State of North Dakota by
Workforce Safety and Insurance, Plaintiff and Appellee
v.
Chris Oden, Defendant and Appellant
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 2018-CV-02953
South Central Judicial District, Burleigh County
James S. Hill
2020 ND 243951 N.W.2d 187
Oral Argument 2/24/2020

Highlight

Valid service of process is necessary to assert personal jurisdiction over a defendant. If a defendant challenges the court’s exercise of personal jurisdiction, the plaintiff bears the burden of proving jurisdiction exists. The plaintiff must make a prima facie showing of jurisdiction to defeat a motion to dismiss for lack of personal jurisdiction. If the court relies only on pleadings and affidavits, the court must look at the facts in the light most favorable to the plaintiff.

Although an evidentiary hearing on a motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, or insufficiency of service of process may be preferable under certain circumstances, the district court nonetheless retains wide discretion and considerable procedural leeway in deciding the motion.
A district court’s decision whether to grant jurisdictional discovery lies within its sound discretion.
WSI has full power and authority to hear and determine all questions within its jurisdiction, and its decisions are final and are entitled to the same faith and credit as a judgment of a court of record.
Accord and satisfaction is an affirmative defense to a claim. An essential element of accord and satisfaction is an agreement evidencing the parties’ mutual assent.
Except for jurisdictional matters and the taking of judicial notice, the appellate court will generally consider only those issues raised in the district court. The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.


Briefs

Filing Date Description
11/19/2019 APPELLANT BRIEF View
01/17/2020 APPELLEE BRIEF View
01/31/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE David C. Thompson - 03921
APPELLEE SPEC. ASST. ATTY. GEN. Jacqueline Sue Anderson - 05322

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 08/09/2019 NOTICE OF APPEAL
2 08/13/2019 ORDER FOR TRANSCRIPT : 08/15/2019
3 08/14/2019 Received $125 filing fee
4 08/15/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 08/15/2019 Notice served on David C. Thompson and Jacqueline S. Anderson
6 09/09/2019 ELEC. RECORD ON APPEAL DATED SEPTEMBER 6, 2019 (ENTRY NOS. 1-93)
7 09/11/2019 ELECTRONIC TRANSCRIPT DATED MAY 1, 2019
8 09/11/2019 Certificate of Service for Transcript
9 10/18/2019 MOT. EXT/TIME APPELLANT BRIEF
10 10/18/2019 ACTION BY CLERK - Granted : 11/12/2019
11 11/12/2019 MOT. EXT/TIME APPELLANT BRIEF
12 11/12/2019 ACTION BY CLERK - Granted : 11/19/2019
13 11/19/2019 APPELLANT BRIEF View
14 11/19/2019 APPELLANT APPENDIX
15 11/26/2019 Rec'd non-substantive corrections to ATB/ATA (no service doc)
16 12/03/2019 Rec'd proof of service for corrected ATB/ATA
17 12/05/2019 Rec'd 6 copies of ATB/ATA from Central Duplicating
18 12/13/2019 MOT. EXT/TIME APPELLEE BRIEF
19 12/13/2019 ACTION BY CLERK - Granted : 01/17/2020
20 01/17/2020 APPELLEE BRIEF View
21 01/17/2020 Oral Argument Request by Appellee
22 01/17/2020 APPELLEE APPENDIX
23 01/23/2020 Rec'd AEB and AEA back from Central Duplicating
24 01/27/2020 NOTICE OF ORAL ARGUMENT SENT
25 01/31/2020 REPLY BRIEF View
26 02/04/2020 Rec'd Certificate of Service for Reply Brief
27 02/05/2020 Rec'd 6 copies of RYB back from Central Duplicating
28 02/24/2020 APPEARANCES: David C. Thompson/Jacqueline S. Anderson
29 02/24/2020 ARGUED: David C. Thompson/Jacqueline S. Anderson
30 02/24/2020 ORAL ARGUMENT WEBCAST
31 02/25/2020 Supplemental citations under N.D.R.App.P. 28(k) View
32 02/27/2020 WSI's Supplemental citations under N.D.R.App.P. 28(k) View
33 11/19/2020 DISPOSITION
34 11/19/2020 UNANIMOUS OPINION : Jensen, Jon J. View
35 11/19/2020 Costs on appeal taxed in favor of Appellee
36 11/23/2020 Judgment Sent to Parties
37 12/11/2020 MANDATE
38 06/02/2021 Corrected/Substitute Opinion Page (pg 16, para 40, line 3 NW2nd cite corrected from 69 to 691)