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Hagen v. North Dakota Insurance Reserve Fund

Docket No. 20210111
Oral Argument: Tuesday, November 30, 2021 1:30 PM

Docket Info

Title
Lance Hagen, Petitioner, Appellee, and Cross-Appellant
v.
North Dakota Insurance Reserve Fund, Respondent, Appellant, and Cross-Appellee
Case Type
CIVIL APPEAL : WRIT OF MANDAMUS (Civil)
Appeal From
Case No. 2019-CV-03559
South Central Judicial District, Burleigh County
John W. Grinsteiner
2022 ND 53971 N.W.2d 833
Oral Argument 11/30/2021

Highlight

Courts have broad discretion when deciding whether to grant leave to amend a complaint. Amendments correcting technical deficiencies relate back to the date of the original pleading.

Agencies of political subdivisions are public entities subject to the open records law. “Agencies” refers to a relationship created by law or contract whereby one party delegates the transaction of some lawful business to another.

Except as otherwise specifically provided by law, all records of a public entity are public records. The plain meaning of “provided by law” does not operate to create additional open records exemptions arising from court rules defining privileges and discovery limitations. Rule 502, N.D.R.Ev., is an evidentiary rule applicable to court proceedings, and does not create a specific exception to the open records law. Under N.D.R.Ev. 502(d)(7), there generally is no attorney-client privilege as to a communication between a public officer or agency and its lawyers.

A public entity’s attorney work product must be made available for public disclosure following completion of litigation, unless disclosure would have an adverse fiscal effect on the conduct or settlement of other pending or reasonably predictable civil or criminal litigation or adversarial administrative proceedings, or the attorney work product reflects mental impressions, opinions, conclusions, or legal theories regarding potential liability of a public entity. If the potential for liability is entirely in the past, the record is no longer exempt. Only if the records relate to circumstances for which there remains a genuine potential for liability may the records remain exempt.

Under N.D.C.C. § 44-04-21.2(1), awarding costs and attorney’s fees is discretionary and a court’s decision will not be reversed absent an abuse of discretion.


Briefs

Filing Date Description
08/04/2021 APPELLANT BRIEF View
09/03/2021 APPELLEE BRIEF View
09/17/2021 REPLY BRIEF View
10/01/2021 REPLY BRIEF OF CROSS-APPELLANT LANCE HAGEN View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Zachary Evan Pelham - 05904
APPELLANT PRIVATE PRACTICE Kirsten Tuntland - 07214
APPELLEE PRIVATE PRACTICE Paul Reginald Sanderson - 05830

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

Seq. # Filing Date Description Attachment
1 04/09/2021 NOTICE OF APPEAL : 04/09/2021
2 04/09/2021 ORDER FOR TRANSCRIPT : 04/12/2021
3 04/12/2021 Rec'd $125.00 Filing Fee
4 04/12/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 04/12/2021 Notice Served on Kristen Tuntland & Zachary E. Pelham and Paul R. Sanderson
6 05/06/2021 ELEC. RECORD ON APPEAL DATED MAY 5, 2021 (ENTRY NOS.1-113 )
7 05/06/2021 NOTICE OF CROSS APPEAL
8 05/06/2021 NOT. OF FILING NOT. OF CROSS-APPEAL AND PROOF OF SERV.
9 05/06/2021 Notice Served on Kristen Tuntland & Zachary E. Pelham and Paul R. Sanderson
10 06/02/2021 ELEC. SUPP. RECORD ON APPEAL DATED JUNE 1, 2021 (ENTRY NOS. 1-118)
11 06/11/2021 ELECTRONIC TRANSCRIPT DATED JULY 21, 2020
12 06/11/2021 TRANSCRIPT CERTIFICATE OF SERVICE
13 07/09/2021 MOTION TO SUPPLEMENT RECORD
14 07/12/2021 ACTION BY CHIEF JUSTICE - Denied
15 07/12/2021 MOT. EXT/TIME APPELLANT BRIEF
16 07/13/2021 ACTION BY CLERK - Granted : 08/04/2021
17 08/04/2021 APPELLANT BRIEF View
18 08/04/2021 APPELLANT APPENDIX
19 08/04/2021 Oral Argument Request by Appellant
20 08/06/2021 Rec'd non-substantive corrections to ATA (pg numbering)
21 08/09/2021 Rec'd 4 copies of ATB & 3 copies of ATA from CSD
22 09/03/2021 APPELLEE BRIEF View
23 09/09/2021 Rec'd 4 copies of AEB back from CD
24 09/17/2021 REPLY BRIEF View
25 10/01/2021 REPLY BRIEF OF CROSS-APPELLANT LANCE HAGEN View
26 10/05/2021 Rec'd 4 copies of Appellant RYB
27 10/05/2021 Rec'd 4 copies of Cross-Appellant RYB
28 10/19/2021 NOTICE OF ORAL ARGUMENT SENT
29 11/30/2021 APPEARANCES: Kristen Tuntland & Zachary E. Pelham/Paul R. Sanderson
30 11/30/2021 ARGUED: Zachary E. Pelham/Paul R. Sanderson
31 11/30/2021 ORAL ARGUMENT WEBCAST
32 03/17/2022 DISPOSITION (AND REMANDED)
33 03/17/2022 SPLIT OPINION : Tufte, Jerod E. View
34 03/17/2022 CONCURRING IN PART AND DISSENTING IN PART : Crothers, Daniel John
35 03/17/2022 CONCURRING IN PART AND DISSENTING IN PART : McEvers, Lisa K. Fair
36 03/17/2022 Costs on Appeal taxed in favor of Appellee
37 03/17/2022 Judgment View
38 04/08/2022 MANDATE
39 05/23/2022 Corrected/Substitute Opinion Page (pg 9, para 23, line 7 comma removed after 44-04-17.1)
40 05/23/2022 (pg 14, para 33, line 9, comma "," inserted after the word "opinion")(pg 14, para 34, a "§" was
41 05/23/2022 added after "N.D.C.C." to read "N.D.C.C. § 44-04-17.1(13)(b)." (pg 15, para 38, line 2, a "§"
42 05/23/2022 was added behind "N.D.C.C." to read "N.D.C.C. § 44-04-17.1(13)(b)."