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Hagen v. N.D. Insurance Reserve Fund

Docket No. 20230025
Oral Argument: Waived

Docket Info

Title
Lance Hagen, Petitioner and Appellant
v.
North Dakota Insurance Reserve Fund, Respondent and Appellee
Case Type
CIVIL APPEAL : WRIT OF MANDAMUS (Civil)
Appeal From
Case No. 2019-CV-03559
South Central Judicial District, Burleigh County
Bonnie Louise Storbakken
2023 ND 132993 N.W.2d 519

Highlight

A district court’s review of in-camera documents is reviewed for an abuse of discretion.

A district court’s conclusion that attorney work product meets the potential liability exception under N.D.C.C. § 44-04-19.1(8) must include a finding that the records relate to circumstances for which there remains a genuine potential for liability.

A public entity that has a legal duty to defend its member agencies may be able to demonstrate that attorney work product is exempt from disclosure if disclosure would reveal records that relate to circumstances for which there remains a genuine potential for liability.

A district court must follow the pronouncements of an appellate court on legal issues in subsequent proceedings of the case.

Briefs

Filing Date Description
02/28/2023 APPELLANT BRIEF View
03/29/2023 APPELLEE BRIEF View
04/13/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE William Jules Behrmann - 07579
APPELLEE PRIVATE PRACTICE Zachary Evan Pelham - 05904
APPELLEE PRIVATE PRACTICE Kirsten Tuntland - 07214

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

Seq. # Filing Date Description Attachment
1 01/20/2023 NOTICE OF APPEAL : 01/20/2023 View
2 01/24/2023 Rec'd filing fee
3 01/26/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 01/26/2023 Notice Served on Paul R. Sanderson, Zachary E. Pelham and Kirsten H. Tuntland
5 02/13/2023 ELEC. RECORD ON APPEAL DATED FEBRUARY 10, 2023 (ENTRY NOS. 1-152) View
6 02/28/2023 APPELLANT BRIEF View
7 03/02/2023 Rec'd 4 copies of ATB from CSD
8 03/29/2023 APPELLEE BRIEF View
9 03/30/2023 Rec'd 4 copies of AEB from CSD
10 04/04/2023 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
11 04/13/2023 MOT. EXT/TIME REPLY BRIEF View
12 04/13/2023 ACTION BY CLERK - Granted : 04/13/2023
13 04/13/2023 REPLY BRIEF View
14 04/14/2023 Rec'd 4 copies of RYB from CSD
15 05/02/2023 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(C)
16 05/02/2023 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(C)
17 05/05/2023 ORDER OF REMAND View
18 05/30/2023 ELEC. RECORD ON APPEAL DATED MAY 26, 2023 (ENTRY NOS. 1-157) (RE-FILED) View
19 05/31/2023 Substitution of Counsel for Petitioner and Appellant Lance Hagen
20 07/19/2023 DISPOSITION
21 07/19/2023 SPLIT OPINION : Jensen, Jon J. View
22 07/19/2023 CONCUR : Bahr, Douglas Alan
23 07/19/2023 DISSENT : Crothers, Daniel John
24 07/19/2023 JOIN DISSENT : McEvers, Lisa K. Fair
25 07/19/2023 Costs taxed in favor of Appellant
26 07/19/2023 Judgment View
27 08/10/2023 MANDATE