Search Tips

Hennessey v. Milnor School District

Docket No. 20230056
Oral Argument: Thursday, May 25, 2023 2:45 PM

Docket Info

Title
Andrew Hennessey, Plaintiff and Appellant
v.
Milnor School District, Defendant and Appellee
Case Type
CIVIL APPEAL : EMPLOYER/EMPLOYEE DISPUTE
Appeal From
Case No. 2022-CV-00075
Southeast Judicial District, Sargent County
Nicholas D. Thornton
2023 ND 147
Oral Argument 5/25/2023

Highlight

In an appeal from a motion to dismiss under N.D.R.Civ.P. 12(b)(6), the complaint is construed in the light most favorable to the plaintiff and well-pleaded allegations are accepted as true.

Undue influence is improper influence exercised in such a way and to such an extent as to destroy a person’s free agency or voluntary action by substituting for the person’s will the will of another.

In nontestamentary cases, undue influence requires three factors be established: (1) A person who can be influenced; (2) The fact of improper influence exerted; and (3) Submission to the overmastering effect of such unlawful conduct.

The law does not condemn all influence, only undue influence.

Briefs

Filing Date Description
04/05/2023 APPELLANT BRIEF View
04/20/2023 APPELLEE BRIEF View
05/04/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Jenna Renee Bergman - 08619
APPELLEE PRIVATE PRACTICE Corey J. Quinton - 05342
APPELLANT PRO SE Andrew Hennessey

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

Seq. # Filing Date Description Attachment
1 02/24/2023 NOTICE OF APPEAL : 02/24/2023 View
2 02/24/2023 ORDER FOR TRANSCRIPT (Already in Record - docket #21) View
3 03/10/2023 Rec'd Filing Fee
4 03/13/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
5 03/13/2023 Notice served on Andrew Hennessey, Jenna R. Bergman & Corey J. Quinton
6 03/27/2023 ELEC. RECORD ON APPEAL DATED MARCH 27, 2023(ENTRY NOS.1-29) View
7 03/27/2023 AMENDED ELEC. RECORD ON APPEAL DATED MARCH 27, 2023(ENTRY NOS. 1-31) View
8 04/05/2023 APPELLANT BRIEF View
9 04/05/2023 Rec'd 4 copies of ATB back from CD
10 04/19/2023 NOTICE OF ORAL ARGUMENT SENT
11 04/19/2023 Intent to Particpate in Oral Argument by Appellant View
12 04/20/2023 APPELLEE BRIEF View
13 04/20/2023 Oral Argument Request by Appellee
14 04/20/2023 Rec'd corrections to AEB
15 04/24/2023 Rec'd 4 copies of AEB back from CD
16 05/04/2023 REPLY BRIEF View
17 05/05/2023 Rec'd 4 copies of RYB back from CD
18 05/25/2023 APPEARANCES: Andrew Hennessey/Jenna R. Bergman/Corey J. Quinton
19 05/25/2023 ARGUED: Andrew Hennessey/Jenna R. Bergman
20 05/25/2023 ORAL ARGUMENT WEBCAST
21 08/02/2023 DISPOSITION
22 08/02/2023 UNANIMOUS OPINION : Bahr, Douglas Alan View
23 08/02/2023 Judgment View
24 08/02/2023 Costs on appeal taxed in favor of Appellee
25 08/15/2023 PETITION FOR REHEARING View
26 08/16/2023 Rec'd 3 copies of PER back from CD
27 08/25/2023 ACTION BY SUPREME COURT (PER) - Denied View
28 09/06/2023 MANDATE