Opinions

Forsman v. Blues Brews and Bar-B-Ques Inc., et al. 2012 ND 184
Docket No.: 20110356
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Persons injured by an obviously intoxicated person may bring a dram shop action against any person who knowingly provides alcoholic beverages to the obviously intoxicated person.
The causation element for dram shop liability requires a dram shop violation to contribute to the obviously intoxicated person's intoxication and requires the plaintiff's injuries to have been inflicted by the intoxicated person.

Dahly v. Anderson 2012 ND 183
Docket No.: 20120013
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: The caregiver child exemption under 42 U.S.C. 1396p(c)(2)(A)(iv) provides that the transfer of a parent's home to a child who provided live-in care to the parent for at least two years, which allowed the parent to reside at home rather than in a nursing care facility, is not a disqualifying transfer under federal Medicaid law.
The caregiver child exemption is not limited to situations where the home is transferred personally by a mentally competent parent, but also applies when the transfer of a mentally incompetent parent's home is made by the parent's attorney-in-fact.

Nuveen v. Nuveen 2012 ND 182
Docket No.: 20120080
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: A motion for an extension of time to file a notice of appeal based upon excusable neglect is addressed to the sound discretion of the district court, and its decision will not be set aside on appeal absent an abuse of discretion.
Intentional, willful, and inexcusable disobedience of a court order constitutes contempt of court.

State v. Middleton 2012 ND 181
Docket No.: 20120082
Filing Date: 8/30/2012
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: If a party moves for a new trial, the party is limited on appeal to the grounds presented to the district court in the motion.

Waldock v. Amber Harvest Corp., et al. 2012 ND 180
Docket No.: 20120064
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: If a grantor does not own a large enough mineral interest to satisfy both a grant and a reservation of the mineral interest, the grant must be satisfied first because the grant is superior to the reservation.
In analyzing conveyances and reservations of mineral interests, the focus is on what the grantor purported to convey to the grantee in the granting clause.

Seay v. Seay 2012 ND 179
Docket No.: 20110332
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A divorce judgment provision requiring a child support and spousal support obligor to obtain and maintain a life insurance policy on himself as security for his future support obligations is not an improper upward deviation from the child support guidelines.
When an initial determination of custody and a parent's request to move from the state with the children are raised in the same proceeding, the court should first consider the initial custody determination, applying the best interests factors under N.D.C.C. 14-09-06.2(1), although it may consider the proposed move as part of its assessment of the best interests factors for determining custody.
A district court's failure to address all four Stout-Hawkinson factors when evaluating whether a proposed move is in the child's best interests is reversible error.

Nichols, et al. v. Goughnour, et al. 2012 ND 178
Docket No.: 20110336
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Instruments executed at the same time, by the same parties, in the course of the same transaction, and concerning the same subject matter, may be read and construed together.
Several contracts relating to the same matter between the same parties and made as parts of substantially one transaction may be taken together for purposes of construction but may not be united into a single contract.
When a grantor overconveys mineral interests to a third party so a grant and a reservation cannot be given effect, the risk of title loss is on the grantor.

Disciplinary Board v. Hoffman (Cross-Reference w/ 20030141 & 20030142) 2012 ND 177
Docket No.: 20120284
Filing Date: 8/29/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarment ordered.

State v. $44,140 U.S. Currency, et al. 2012 ND 176
Docket No.: 20110327
Filing Date: 8/22/2012
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: A presumption of forfeiture for currency furnished in exchange for a controlled substance exists if there is a reasonable basis to believe there is a connection between the property and enumerated drug offenses and the property was acquired when the person who acquired the property was engaged in the drug offense and there is no likely source for the property other than the drug offense.
The clearly erroneous standard of review applies to civil forfeiture proceedings.

Fines, et al. v. Ressler Enterprises, Inc., et al. 2012 ND 175
Docket No.: 20110357
Filing Date: 8/21/2012
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A district court may exercise its inherent power to sanction for the spoliation of evidence after considering: the culpability of the party against whom sanctions are sought; the prejudice to the moving party, and the degree of the prejudice; and the availability of less severe alternative sanctions.