Opinions

Bahmiller v. WSI, et. al. 2021 ND 147
Docket No.: 20210033
Filing Date: 8/5/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: A workers’ compensation claimant is not entitled to receive benefits if the claimant fails to file a written claim for benefits within the specified time under N.D.C.C. § 65-05-01.

To have a compensable injury, a claimant must know or have reason to know the significance, or seriousness, of their condition and that the injury is work-related.

Zepeda, et al. v. Cool, et al. 2021 ND 146
Docket No.: 20200193
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Personal Injury
Author: Jensen, Jon J.

Highlight: Before dismissing an action for failure to prosecute under N.D.R.Civ.P. 41(b), a district court must consider several competing factors including a court’s need to manage its docket, the public interest in expeditious resolution of litigation, and the risk of prejudice to adverse parties from delay. The court must balance these factors against the great reluctance to impose the harsh remedy of dismissal based upon our policy favoring disposition of cases on their merits.

A district court’s decision to dismiss a claim for failure to prosecute will not be overturned absent an abuse of discretion.

While North Dakota law does not formally recognize motions to reconsider, motions for reconsideration may be treated as motions to alter or amend a judgment under N.D.R.Civ.P. 59(j), or motions for relief from a judgment under N.D.R.Civ.P. 60(b).

City of Fargo v. Roehrich 2021 ND 145
Docket No.: 20210023
Filing Date: 8/5/2021
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Whether a law is unconstitutional is a question of law, which is fully reviewable on appeal.

Municipal harassment ordinance is not unconstitutionally vague on its face or as applied to defendant.

Bilger v. Bilger 2021 ND 144
Docket No.: 20210072
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: Arguments not raised before the district court cannot be raised for the first time on appeal.

Under the Servicemembers Civil Relief Act, a servicemember may apply for a stay of the action if the requirements of military duty affects the servicemember’s ability to appear.

Bearce v. Yellowstone Energy Development 2021 ND 143
Docket No.: 20210010
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: Where you have a closely held company, the law imposes a fiduciary duty upon the governors and majority shareholders to act in good faith, and affords remedies to minority shareholders if those in control act fraudulently, illegally, or in a manner unfairly prejudicial toward any shareholder.

The date a person acquires interest in a company is a question of fact reviewed under the clearly erroneous standard.

Matter of Emelia Hirsch Trust 2021 ND 142
Docket No.: 20210144
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

State v. Cochran 2021 ND 141
Docket No.: 20200355
Filing Date: 8/5/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Highlight: Law enforcement may not search an individual’s home without a warrant unless the search falls within one of the recognized exceptions to the warrant requirement. Under the common-area, co-occupant consent exception, a co-occupant of a shared residence may consent to searches of the common areas of the residence.

This Court will not set aside a district court’s decision simply because the court may have applied an incorrect reason if the result is the same under the correct law and reasoning.

Lavallie v. Jay, et al. 2021 ND 140
Docket No.: 20190402
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived.
As a general rule, it is presumed that North Dakota district courts have subject matter jurisdiction, and the party challenging the district court’s subject matter jurisdiction bears the burden of proving the district court lacks subject matter jurisdiction.

Dwyer v. Sell, et al. 2021 ND 139
Docket No.: 20200188
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: General rules of interpretation of written instruments apply to the construction of trust documents.

When a trust agreement is unambiguous, the settlor’s intent is ascertained from the language of the agreement itself.

Under N.D.C.C. § 47-05-17, the right of access to land to hunt game animals or game birds may not be severed from the surface estate.

In the Matter of the Adoption of M.E. (CONFIDENTIAL) 2021 ND 138
Docket No.: 20210172
Filing Date: 7/29/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam