Opinions
1 - 10 of 12236 results
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North Star Mutual Insurance v. Ackerman, et al.
2020 ND 73 Highlight: Under the concurrent cause doctrine, an insurance policy provides coverage for liability when both a covered risk and an excluded risk contribute to the accident. |
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Interest of A.P.D.S.P.-G.
2020 ND 72 Highlight: A juvenile court does not have an obligation to ensure a party’s presence. Under N.D.R.Juv.P. 10(a)(3), a parent of a child must be present unless excused by the court. |
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Matter of Hogen Trust B
2020 ND 71 Highlight: A district court may clarify its own previous order. Due process is an opportunity to be heard at a meaningful time and meaningful manner and is complied with if the party has an opportunity, but argues other issues. A party that does not raise an issue in the district court cannot argue the issue for the first time on appeal. |
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Martodam v. Martodam
2020 ND 70
Highlight: Interlocutory orders in an action are merged into the final judgment and may be reviewed on appeal of that judgment. A final judgment supersedes an interim order’s parenting provisions, which are by nature temporary. |
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State v. Cook
2020 ND 69
Highlight: In determining whether the moving party has established a prima facie case of an illegal seizure, a district court may consider evidence already in the record. |
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State v. Eggleston
2020 ND 68
Highlight: The district court did not err in dismissing the defendant’s motion for an acquittal because there was sufficient evidence for the jury to convict defendant and for the jury to conclude he was not acting in self-defense. |
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Lakeview Excavating, Inc. v. Dickey County, et al.
2020 ND 67
Highlight: Determining when a cause of action accrues is usually a question of fact, but it becomes a question of law when the material facts are undisputed. Under the discovery rule the accrual of a claim is postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury. |
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State v. Awad
2020 ND 66 Highlight: An advisory about possible immigration consequences, like the other advisories in N.D.R.Crim.P. 11(b)(1), need not be repeated immediately prior to entry of a guilty plea if the advisory was given at an earlier hearing and the record reflects the defendant’s knowledge of his rights. |
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Haas, et al. v. Hudson & Wylie LLP, et al.
2020 ND 65
Highlight: Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. |
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Big Pines v. Baker, et al.
2020 ND 64
Highlight: The primary purpose in interpreting contracts is to ascertain the parties’ intent. |