Opinions
On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.
5351 - 5400 of 12359 results
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Rojas v. Workforce Safety and Insurance, et al.
2005 ND 147
Highlight: Before a claimant's continuing workers compensation disability benefits may be terminated, WSI must provide pretermination notice of the contemplated action, a summary of the evidence supporting termination, and a meaningful pretermination opportunity to respond in writing to the alleged grounds for termination. |
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CybrCollect, Inc. v. ND Dept. of Financial Institutions, et al.
2005 ND 146
Highlight: Consumer electronic fund transactions in North Dakota are subject to the Electronic Fund Transfer Act and Regulation E, which was issued by the Federal Reserve Board to carry out the purpose of the Act. |
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Estate of Richmond
2005 ND 145
Highlight: If the evidence presented in opposition to a motion for summary judgment is of insufficient caliber or quantity to allow a rational finder of fact to find fraud by clear and convincing evidence, there is no genuine issue of material fact. |
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Disciplinary Board v. Ward
2005 ND 144 Highlight: Lawyer reprimanded for violation of N.D.R. Prof. Conduct 1.15(f), ordered to pay restitution to former clients, and ordered to pay costs and attorney's fees associated with the disciplinary proceeding. |
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City of Bismarck v. Judkins
2005 ND 143 Highlight: A constitutional error may be declared harmless if the court, after reviewing the entire record, is convinced that the error did not contribute to the verdict. |
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Bladow v. Bladow
2005 ND 142
Highlight: Issues that are not raised in pleadings may be tried by the express or implied consent of the parties. |
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Case Credit Corp. v. Oppegard's Inc.
2005 ND 141
Highlight: Jury instructions do not need to include a definition of a commonly understood word when such a definition has not been requested. Giving a definition of a commonly understood word is a matter of the trial court's discretion. |
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State v. Ressler
2005 ND 140
Highlight: Reasonable suspicion does not permit law enforcement authorities to transport a seized package from the place where suspicion arose to a law enforcement center for further investigation. |
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Simburger v. Simburger
2005 ND 139
Highlight: Once an initial custody decision has been made, visitation is governed by N.D.C.C. 14-05-22(2). |
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Interest of B.J.K. (Confidential)
2005 ND 138
Highlight: A juvenile court's finding of deprivation will not be set aside unless it is clearly erroneous. |
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State v. Jackson
2005 ND 137
Highlight: When the court dismisses a criminal information on the basis of its legal interpretation of a criminal statute, and not upon resolution of any factual element of the crime charged, the ruling is not a judgment of acquittal but a quashing of the information from which the State has a right to appeal. |
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GO Committee, et al. v. City of Minot
2005 ND 136
Highlight: The judiciary's role in reviewing a municipality's interpretation and application of a municipal ordinance is limited by the doctrine of separation of powers to determining whether the municipality clearly abused its discretion. |
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Disciplinary Board v. Sundby (Consolidated w/ 20050189 - 20050194)
2005 ND 135 Highlight: Lawyer suspension ordered. |
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State v. Barth
2005 ND 134
Highlight: Persistent use of profane and threatening language combined with threatening hand gestures is not constitutionally protected free speech under the First Amendment to the U.S. Constitution. |
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Citibank v. Reikowski
2005 ND 133 Highlight: Before accepting and filing an answer, a clerk should require the filing fee be paid or waived, however, if the clerk does not do so, the filing of the answer is not invalidated. |
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Reineke v. Reineke (cross-ref. w/20030014)
2005 ND 132 Highlight: An ex-wife's enhanced burden to satisfy marital debt discharged in bankruptcy by her ex-husband is a material change in circumstances warranting a modification of spousal support, and such a modification does not violate U.S. bankruptcy law. |
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Gonzalez v. Gonzalez
2005 ND 131
Highlight: Proposed findings prepared by trial counsel become the findings of the court when it affixes its signature to them. |
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Interest of C.H. (CONFIDENTIAL)
2005 ND 130 Highlight: A district court's order for involuntary hospitalization must be based on clear and convincing evidence that there is a serious risk the individual will harm himself, others, or property if not hospitalized. |
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Lee v. Lee
2005 ND 129
Highlight: A child support amount must be established in accordance with the guidelines. |
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Syvertson v. State
2005 ND 128
Highlight: When establishing a Brady violation, the knowledge of the North Dakota State Hospital is not imputed to the State's Attorney's Office. |
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Weinreis, et al. v. Hill, et al.
2005 ND 127 Highlight: A district court must consider the apparent or ostensible authority of an individual exercising the functions of a corporate officer to bind the corporation to an agreement. |
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Anderson, et al. v. Selby
2005 ND 126
Highlight: Parol evidence is admissible in an action to reform a deed when, through a mistake by one party which the other at the time knew of or suspected, the deed does not truly express the parties' intent. |
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State v. Hatlewick
2005 ND 125
Highlight: A conviction is supported by sufficient evidence when a rational fact finder, viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, is able to determine from the evidence that a defendant is guilty beyond a reasonable doubt. |
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State v. Seglen
2005 ND 124
Highlight: The Fourth Amendment prohibition against unreasonable searches and seizures applies only to government action and not to private parties. |
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Ebach v. Ebach
2005 ND 123 Highlight: Whether a supporting spouse's early retirement constitutes a material change of circumstances to justify a termination or reduction of spousal support depends on the totality of the circumstances. |
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Guardianship of Barros
2005 ND 122
Highlight: To terminate a voluntary guardianship, a fit parent must prove by a preponderance of the evidence that the impediments leading to the creation of the guardianship have been removed. |
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State v. Jackson (Consolidated w/20050021)
2005 ND 121 Highlight: Driving under suspension conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(3), and (7). |
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Beaudoin v. South Texas Blood & Tissue Center (Cross-reference w/20030148)
2005 ND 120
Highlight: A nonresident defendant must have sufficient minimum contacts with North Dakota so the exercise of personal jurisdiction does not offend traditional notions of fair play and substantial justice. |
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Disciplinary Board v. Vela
2005 ND 119 Highlight: Lawyer suspension ordered. |
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Riverwood Commercial Park v. Standard Oil Co., Inc., et al.
2005 ND 118
Highlight: The purpose of the summary eviction statute is to provide an inexpensive, expeditious, and simple means to determine possession of property. |
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Martin v. Stutsman Co. Social Services, et al.
2005 ND 117
Highlight: An administrative agency is bound by its own duly issued regulations. The agency, nevertheless, has a reasonable range of informed discretion in the interpretation and application of its own rules. |
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Interest of D.A. (CONFIDENTIAL)
2005 ND 116 Highlight: An mental health forced treatment order must be supported by evidence that forced medication is clinically appropriate and necessary, that the patient was offered the treatment and refused it, that the prescribed medication is the least restrictive form necessary to meet the individual patient's needs, and that the benefits of the treatment outweigh known risks. |
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Houn v. Workforce Safety and Insurance, et al.
2005 ND 115 Highlight: Section 65-05-08(1), N.D.C.C., applies to reapplications for disability benefits after disability benefits previously have been discontinued and does not apply to applications when a claimant has not previously received disability benefits. |
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Tri-State Ins. Co. of Minnesota v. Commercial Group West, et al.
2005 ND 114 Highlight: Under a builder's risk insurance policy, a party not expressly named as a co-insured under the policy is protected from subrogation only to the extent that the insurance policy expressly covers the party's property. |
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Estate of Littlejohn
2005 ND 113 Highlight: The interpretation of an attorney in fact's authority under a power of attorney is generally governed by the rules for construing contracts. |
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Johnson v. Nodak Mutual Ins. Co.
2005 ND 112
Highlight: An insurer's payment for an insured's independent medical examination is not a no-fault benefit for purposes of a statute of limitations that requires actions for further benefits to begin no later than four years after the last payment of benefits. |
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Brandner v. Brandner
2005 ND 111
Highlight: The trial court must determine net marital worth by considering all property and debt accumulated by the parties. |
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Berlin v. State
2005 ND 110 Highlight: A court may summarily dismiss a facially invalid application for post-conviction relief. |
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Disciplinary Board v. Edin (Consolidated w/ 20050011)
2005 ND 109 Highlight: Lawyer suspended from the practice of law from the date of his interim suspension to the date this opinion is filed and ordered to pay the costs and attorney's fees for the disciplinary proceeding. |
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Martin, et al. v. Berg, et al.
2005 ND 108
Highlight: On appeal from a summary judgment, the Supreme Court decides whether the information available to the trial court precluded the existence of a genuine issue of material fact and entitled the moving party to summary judgment as a matter of law. |
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Estate of Kimbrell (Consolidated w/20040322)
2005 ND 107 Highlight: The surviving spouse of a decedent occupying real property as a homestead receives the right to possession, use, control, income, and rents of the property for life or until the surviving spouse again marries, limited in size and value to the land and the dwelling house, with all its appurtenances and other improvements, not to exceed $80,000 in value, over and above liens and encumbrances. |
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Klindt, et al. v. Pembina Co. Water Resource Bd., et al.
2005 ND 106
Highlight: Landowners are not required to appeal a water resource board's determination of benefits of a project to the state engineer if the cost of the project is less than $100,000. |
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State v. Driscoll
2005 ND 105
Highlight: A magistrate's probable-cause decision is reviewed using a totality-of-the-circumstances test. A substantial basis for the magistrate's conclusion must exist. |
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People to Save the Sheyenne River v. ND Dept.of Health (CON. w/20040377)
2005 ND 104 Highlight: In the absence of an adjudicative proceeding and findings of fact, appellate review of an administrative agency decision to issue a Pollutant Discharge Elimination System permit is to determine whether the decision is arbitrary, capricious, or unreasonable. |
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City of Grand Forks v. Lamb
2005 ND 103
Highlight: When a defendant appeals to the district court from a conviction in municipal court, the district court does not review the record and decision of the municipal court, but holds a new trial and independently determines whether the defendant has violated the ordinance. |
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Interest of R.F. (CONFIDENTIAL) (cross-ref. w/20030288)
2005 ND 102
Highlight: In some situations it may be reasonable for a doctor to conclude that less restrictive alternatives to hospitalization do not exist. |
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Rolette Co. Social Service Bd., et al. v. B.E. (CONFIDENTIAL)
2005 ND 101
Highlight: A dismissal of an action without prejudice may be final and appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum. |
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R.R. v. G.H. (CONFIDENTIAL) (Cross-ref. w/20040139 & 20040288)
2005 ND 100 Highlight: District court orders denying a motion to change venue, finding a party in contempt, and awarding $300 paid in bond as reimbursement for costs and expenses are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Oliver-Mercer Electric Coop. v. Davis, et al. (Consol. w/20040308)(see Memo)
2005 ND 99
Highlight: When a secured creditor who fails to give proper notice seeks a deficiency judgment, the fair market value of the collateral is presumed to be equal to the debt. |
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ND Human Rights Coalition, et al. v. Bertsch
2005 ND 98
Highlight: A trial court's decision to certify a class action will not be overturned on appeal unless the court abused its discretion. |