Opinions

Palmer, et al. v. Gentek Building Products, Inc. 2019 ND 306
Docket No.: 20180450
Filing Date: 12/20/2019
Case Type: CONTRACTS
Author: VandeWalle, Gerald W.

Highlight: In a collateral attack of a federal district court’s final judgment in a class action, review is limited to an examination of procedural due process. The court must determine (1) whether there were safeguards in place to guarantee sufficient notice and adequate representation; and (2) whether such safeguards were, in fact, applied.

Vacancy in Judgeship No. 7, South Central Judicial District 2019 ND 305
Docket No.: 20190346
Filing Date: 12/19/2019
Case Type:
Author: Per Curiam

Vacancy in Judgeship No. 6, South Central Judicial District 2019 ND 305
Docket No.: 20190371
Filing Date: 12/19/2019
Case Type:
Author: Per Curiam

Interest of G.L.D. 2019 ND 304
Docket No.: 20190179
Filing Date: 12/18/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: VandeWalle, Gerald W.

Highlight: The district court must state the specific factual findings used in determining an individual is likely to reoffend and has serious difficulty controlling personal behavior and errs as a matter of law if the findings are insufficient or do not support the legal conclusion.

Rath v. Rath 2019 ND 303
Docket No.: 20190211
Filing Date: 12/18/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: District court orders denying a motion for an extension, denying a motion to amend the parenting plan and child support, and denying a motion for relief from order and new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4).

Interest of Voisine 2019 ND 302
Docket No.: 20190155
Filing Date: 12/18/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Crothers, Daniel John

Highlight: The evidence does not support the conclusion that the civilly committed resident remains a sexually dangerous individual and is clearly erroneous. The order denying the petition for discharge is reversed.

Lessard v. Johnson 2019 ND 301
Docket No.: 20190077
Filing Date: 12/17/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: A district court has discretion in deciding whether to grant a new trial under N.D.R.Civ.P. 59.
When a party moves for a new trial under N.D.R.Civ.P. 59, the party is limited on appeal to review of those issues raised in the motion for a new trial.
A district court’s decision awarding primary residential responsibility for children will not be reversed on appeal unless it is clearly erroneous, and the appellate court will not reweigh the evidence or retry the case.
The district court must equitably distribute the parties’ assets and debts in a divorce action.
A party is entitled to a hearing on a motion for contempt under N.D.C.C. § 27-10-01.3, but the party is required to comply with the procedural requirements of N.D.R.Ct. 3.2 to request a hearing.

State v. Komrosky 2019 ND 300
Docket No.: 20190065
Filing Date: 12/12/2019
Case Type: DRUGS/CONTRABAND
Author: VandeWalle, Gerald W.

Highlight: Warrantless discovery of evidence in a defendant’s home is justified under the emergency exception to the warrant requirement if entry was actually motivated by a perceived need to render aid or assistance.

An objective standard of reasonableness is used in determining whether law enforcement had reasonable grounds to believe there was an emergency at hand and an immediate need for their assistance for the protection of life or property.

Plain view is a recognized exception to the warrant requirement, allowing law enforcement officers to seize a clearly incriminating object without a warrant if the officers are lawfully in a position from which they can view an object and the object’s incriminating character is immediately apparent.

Thomas v. Thomas 2019 ND 299
Docket No.: 20190094
Filing Date: 12/12/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: Section 14-09-06.2(1)(j), N.D.C.C, creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. A district court is not bound to accept stipulations regarding custody and care of children if it finds the stipulations are not in the best interests of the child. A district court’s findings and conclusions regarding the presumption and stipulations should be sufficiently detailed to allow this Court to understand the basis for its decision.

State v. Rose 2019 ND 298
Docket No.: 20190176
Filing Date: 12/12/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: Statutes are generally not retroactive unless the legislature expressly declares so.

The law in effect when court proceedings occurred and the district court issued its decision is controlling.