Opinions

Interest of J.P. and D.P. (CONFIDENTIAL)(Consolidated w/20030118) 2004 ND 25
Docket No.: 20030117
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Juvenile Law
Author: Kapsner, Carol

Highlight: Under state law, a juvenile court may terminate parental rights if a child is deprived, the conditions and causes of the deprivation are likely to continue, and the child is suffering, or will in the future probably suffer, serious physical, mental, moral, or emotional harm.
Under the Indian Child Welfare Act, a petitioner for termination of parental rights must (1) demonstrate by clear and convincing evidence that active efforts were made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts were unsuccessful, and (2) prove continued custody of a child by a parent or Indian custodian is likely to result in serious emotional or physical damage to the child by proof beyond a reasonable doubt.

Gross v. ND Dept. of Human Services (cross-reference w/20020086) 2004 ND 24
Docket No.: 20030224
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: The Dept. of Human Services may place a Medicaid recipient in the lock-in program for excessive utilization of medical services from more than one provider when those excessive medical services may increase the possibility of adverse affects to the recipient's health or may result in a decrease in the overall quality of care to the recipient and when there is little or no evidence of a medical need.

State v. Roth 2004 ND 23
Docket No.: 20030102
Filing Date: 1/28/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Neumann, William

Highlight: Irrelevant information in an affidavit for a search warrant will not negate a magistrate's finding of probable cause, if there is also enough other information in the affidavit to support the finding of probable cause. It is the duty of the magistrate to filter out the non-probative information and examine the remaining information to determine whether probable cause exists for issuance of the search warrant.
There was no violation of defendant's right to be free from unreasonable searches and seizures when, in executing a valid search warrant with an invalid no-knock provision, officers functionally excised the invalid portion of the search warrant by knocking and announcing their presence prior to entering the residence.

Chapman v. Chapman 2004 ND 22
Docket No.: 20030094
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A party is entitled to have a court decide the merits of a dispute only after demonstrating standing to litigate the issues placed before the court.
Only parties may appeal district court decisions.
Issues may not be raised for the first time on appeal.

Winer v. Penny Enterprises, Inc., et al. 2004 ND 21
Docket No.: 20030114
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Personal Injury
Author: Neumann, William

Highlight: A dismissal without prejudice is appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum.
A state district court lacks subject-matter jurisdiction over an action brought by a non-Indian plaintiff against Indian defendants for damages resulting from a motor vehicle accident on a state highway within the exterior boundaries of an Indian reservation.

Wohlwend v. Wohlwend 2004 ND 20
Docket No.: 20030243
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Property division in a divorce is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Judicial Vacancy in District Judgeship No. 3, East Central Judicial Dt 2004 ND 19
Docket No.: 20040029
Filing Date: 1/28/2004
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Fargo.

Matter of Edwardson (CONFIDENTIAL) 2004 ND 17
Docket No.: 20030331
Filing Date: 1/20/2004
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Debra K. Edwardson transferred to incapacitated status.

Zuger v. State 2004 ND 16
Docket No.: 20030170
Filing Date: 1/20/2004
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: Summary judgment is appropriate if the information available to the trial court does not establish a genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.
Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of a claim on which they will bear the burden of proof at trial.
Factual assertions in a brief do not raise an issue of material fact satisfying N.D.R.Civ.P. 56(e).
The elements of an action for intentional infliction of emotional distress are extreme and outrageous conduct that is intentional or reckless and causes severe emotional distress.

Tank v. Tank 2004 ND 15
Docket No.: 20030111
Filing Date: 1/20/2004
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: On appeal, a trial court's denial of an evidentiary hearing on a motion to modify custody is reviewed de novo.
A party seeking a change of child custody is entitled to an evidentiary hearing if the party presents a prima facie case by alleging, with supporting affidavits, sufficient facts which, if proved, would support a change in custody.
Potential endangerment to a child's physical or mental health or a mature child's reasonable preference to live with one parent may be a significant change of circumstances supporting custody change.
A custodial parent's willful and consistent denial or interference with the non-custodial parent's visitation may also be a significant change warranting custody change, if the denial or interference affects the child's best interests.

Mock v. Mock 2004 ND 14
Docket No.: 20030115
Filing Date: 1/20/2004
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A party seeking a change of child custody is entitled to an evidentiary hearing if he presents a prima facie case by alleging, with supporting affidavits, sufficient facts which, if uncontradicted, would support a custody change.
Potential endangerment to a child's physical or mental health may be a significant change of circumstances supporting a modification of custody.
The district court may consider pre-divorce conduct when the facts were unknown to the court at the time of the original stipulation.

Disciplinary Board v. Wilkes 2004 ND 13
Docket No.: 20040012
Filing Date: 1/15/2004
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Interim suspension of lawyer ordered.

Green v. Mid Dakota Clinic 2004 ND 12
Docket No.: 20030264
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: Assumption of the risk is no longer an affirmative defense in North Dakota but is one part of the analysis in determining comparative fault.
Negligence and proximate cause are fact questions unless the evidence is such that reasonable minds can draw but one conclusion.

Amsbaugh v. Amsbaugh 2004 ND 11
Docket No.: 20030059
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: The owner of real property may testify as to the value of his land without further qualification or special knowledge.
If a property valuation is within the range of evidence, it is not clearly erroneous.
A property division need not be equal to be equitable, but a substantial disparity must be explained.
In determining an equitable allocation of repayment of debts, the trial court may consider which parties have incurred particular debts and the purposes for the debts.
Both economic and non-economic fault are proper factors for the trial court to consider in dividing marital property.
Uncontrolled drinking contributing to the breakdown of a marriage can be considered a matter of fault in determining whether a spouse is disadvantaged.

State v. Morales 2004 ND 10
Docket No.: 20030107
Filing Date: 1/14/2004
Case Type: Appeal - Criminal - Assault
Author: Kapsner, Carol

Highlight: A court does not err by not giving a jury instruction on license or privilege on a criminal trespass charge when there is no evidence to support it.
A court does not err when it does not include a jury instruction on a lesser-included offense when the evidence does not permit the jury to rationally find the defendant not guilty of the greater offense and guilty of the lesser offense.
A jury verdict of assault on a police officer will be affirmed when the evidence is viewed in the light most favorable to the verdict, no rational trier of fact could have found that the essential elements of the crime were established beyond a reasonable doubt.

Nagel v. City of Bismarck 2004 ND 9
Docket No.: 20030265
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Maring, Mary

Highlight: A writ of mandamus may be the proper remedy for a city police officer who claims wrongful termination in violation of city ordinances and police department general orders.
Absent an abuse of discretion, a trial court's denial of a petition for a writ of mandamus will not be overturned.
A party seeking a writ of mandamus bears the burden of demonstrating a clear legal right to the performance of the particular acts sought to be compelled by the writ.
A party seeking a writ of mandamus must have no other plain, speedy, and adequate remedy in the ordinary course of the law.
Mandamus is unavailable if an appeal is authorized from an adverse decision.

Interest of W.O. (CONFIDENTIAL) (cross-reference w/20030323 & 20030340) 2004 ND 8
Docket No.: 20030358
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: An appeal of a district court's amended order revoking less restrictive treatment is rendered moot once the patient is released from the hospital and is placed on an identical order for less restrictive treatment.

Lee v. ND Dept. of Transportation 2004 ND 7
Docket No.: 20030168
Filing Date: 1/14/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: In a driver's license administrative hearing involving an Intoxilyzer test, documentation requirements are not met when the approved method of administering the test is not admitted into evidence.

Eagleman v. State 2004 ND 6
Docket No.: 20030149
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: The movant for summary disposition of a petition for post-conviction relief bears the burden of showing there is no dispute as to either the material facts or the inferences to be drawn from undisputed facts and that the movant is entitled to judgment as a matter of law.
Ordinarily, a claim of ineffective assistance of counsel should be resolved in a post-conviction relief proceeding so the parties can fully develop a record on the issue of counsel's performance and the impact on the defendant's case.
An unconditional guilty plea constitutes an admission of all the essential elements of the crime charged, including admission of jurisdictional facts.

Binek v. Binek 2004 ND 5
Docket No.: 20030154
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: The enforceability of a premarital agreement entered into prior to the adoption of N.D.C.C. ch. 14-03.1 is governed by common law.
A premarital agreement is enforceable under the common law if it is fair, reasonable, equitable, and just; does not contravene public policy; and was fairly entered into.
An award of spousal support is not precluded by a premarital agreement that applies only to the couple's property in the form of a property distribution as a result of divorce.

Fargo Glass and Paint v. Randall 2004 ND 4
Docket No.: 20030196
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Under N.D.R.Civ.P. 60(a), there is no clerical mistake in a judgment if it accurately reflects uncontroverted evidence in the proceedings.
Rule 60(a) cannot be used to introduce a new party to an action.

State v. Heckelsmiller 2004 ND 3
Docket No.: 20030179
Filing Date: 1/14/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction of Criminal Trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Judicial Vacancy in District Judgeship No. 2, East Central Judicial Dt 2004 ND 2
Docket No.: 20040008
Filing Date: 1/14/2004
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Fargo.

State v. Skalicky (Consol. w/20030164-20030167) 2004 ND 1
Docket No.: 20030163
Filing Date: 1/14/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Saefke v. Stenehjem, et al. 2003 ND 202
Docket No.: 20030202
Filing Date: 12/29/2003
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: An action by a private party against the attorney general to challenge the correctness of an attorney general's opinion does not present a justiciable controversy.
A petitioner is not entitled to a writ of mandamus to compel a state's attorney to institute proceedings because the petitioner has a plain, speedy, and adequate remedy available under N.D.C.C. 11-16-06.
An order refusing to appoint a private attorney to initiate proceedings under N.D.C.C. 11-16-06 is not appealable.
The Supreme Court's jurisdiction to issue a supervisory writ is discretionary.

DuPaul v. ND Dept. of Transportation 2003 ND 201
Docket No.: 20030173
Filing Date: 12/23/2003
Case Type: Appeal - Administrative - Department of Transportation
Author: Neumann, William

Highlight: A motorist may not appeal an administrative decision by the Department of Transportation to the district court and simultaneously petition for reconsideration of the Department's denial. If the motorist files a petition for reconsideration, the motorist may appeal the order on reconsideration to the district court.

Gratech Co., Ltd. v. Wold Engineering, P.C. 2003 ND 200
Docket No.: 20030181
Filing Date: 12/23/2003
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Contracts for the construction and repair of a highway can include contracts for engineering and other professional services needed to complete the construction or repair.
Controversies between a contractor and a third party arising out of any contract for the construction or repair of highways entered into by the director of the department of transportation must be submitted to arbitration, and the arbitrators shall determine all controversies growing out of the contract.

Eberhardt v. Eberhardt 2003 ND 199
Docket No.: 20030065
Filing Date: 12/19/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A sufficient foundation can be established for the admission of medical bills into evidence by the claimant's testimony the bills were incurred.
The question of whether evidence should be excluded for lack of authentication is primarily within the sound discretion of the trial court.
A trial court's determination on visitation is a finding of fact that will not be reversed unless it is clearly erroneous.

VND, LLC v. Leevers 2003 ND 198
Docket No.: 20030091
Filing Date: 12/19/2003
Case Type: Appeal - Civil - Landlord/Tenant
Author: Sandstrom, Dale

Highlight: The right to the possession of real estate is the only fact that can be litigated in a summary eviction action unless damages or rent is claimed.
When the right to possession depends on whether or not rent was paid or whether there are material breaches, evidence can be presented to determine those issues.
Charges classified as additional rents and defined as such under a lease are considered rents for the purpose of summary eviction.
Failure to pay rent when a credit is due cannot justify summary eviction.
When a lessee is required to purchase insurance of an "all risk" form under a lease to "protect against any loss, damage and/or destruction to the building or any other insurable portion of the demised premises," the language does not also obligate the lessee to provide for liability insurance.
Custom and usage need not be considered when the language of the lease is not ambiguous.
Laches and waiver do not apply when a party is not trying to assert a right or bring a claim.

State v. Waltz (CONSOLIDATED w/20030120 & 20030121) 2003 ND 197
Docket No.: 20030119
Filing Date: 12/19/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Probable cause to arrest exists when an officer has knowledge that would give a prudent person reasonable grounds to believe an offense has been or is being committed.
After making a lawful custodial arrest of the occupant of an automobile, the police may, as a contemporaneous incident of that arrest, search the passenger compartment of the automobile, including any containers found therein.
The tentative elimination of alcohol as the cause of a defendant's impairment may result in a reasonable suspicion that the defendant is under the influence of drugs.

N.D. Dept. of Human Services v. Ryan 2003 ND 196
Docket No.: 20030156
Filing Date: 12/19/2003
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: Related administrative regulations are construed together and in conjunction with enabling legislation to harmonize and give meaning to each provision.
An individual who has been terminated through a reduction-in-force may appeal the hiring authority's decision not to reemploy the individual if no more than one year has elapsed since the individual lost employment due to the reduction-in-force.
In deciding whether to reemploy an individual who has been terminated within one year under a reduction-in force, a hiring authority may conduct personal interviews to determine the minimum qualifications established for the particular position.

Linser v. Office of Attorney General, et al. 2003 ND 195
Docket No.: 20030184
Filing Date: 12/19/2003
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: An applicant for Medicaid benefits must prove eligibility.
Assets in a support trust are deemed to be available to the applicant and considered to be part of the applicant's assets in determining Medicaid eligibility. However, assets in a discretionary trust are considered available only to the extent amounts are actually distributed to the beneficiary.
An asset to which an applicant has a legal entitlement is not unavailable simply because the applicant must initiate legal proceedings to access the asset.

Zander v. Workforce Safety and Insurance 2003 ND 194
Docket No.: 20030129
Filing Date: 12/19/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Clear and convincing evidence means evidence which leads to a firm belief or conviction that the allegations are true.

Benson v. Workforce Safety and Insurance 2003 ND 193
Docket No.: 20030155
Filing Date: 12/19/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: If an appellant fails to serve the notice of appeal from an administrative order to the district court as required by the Administrative Agencies Practice Act, the district court lacks subject matter jurisdiction and the appeal must be dismissed.

State v. Parizek 2003 ND 192
Docket No.: 20030125
Filing Date: 12/19/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Sabinash (Consolidated w/20030220) 2003 ND 191
Docket No.: 20030219
Filing Date: 12/19/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction of drug offenses and an order denying motion to suppress summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Judicial Vacancy in District Judgeship No. 4, East Central Judicial Dt 2003 ND 190
Docket No.: 20030333
Filing Date: 12/19/2003
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Fargo.

Judicial Vacancy in District Judgeship No. 1, Northeast Central Judicial Dt. 2003 ND 189
Docket No.: 20030326
Filing Date: 12/19/2003
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grand Forks.

Paul v. Workforce Safety and Insurance (cross-ref. w/20010290) 2003 ND 188
Docket No.: 20030199
Filing Date: 12/2/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: The vocational rehabilitation statutes are designed to return an injured employee to substantial gainful employment as quickly and with as little retraining as possible.
Workforce Safety and Insurance's decision to terminate rehabilitation benefits must be based upon evidence that jobs exist which provide the applicant a reasonable opportunity for employment and not on a burden-shifting presumption that such jobs exist.

State v. Dodson 2003 ND 187
Docket No.: 20030042
Filing Date: 12/2/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: There must be a nexus between the place to be searched and the contraband sought to establish probable cause to issue a search warrant.
State courts apply the good faith exception to the exclusionary rule in a manner that is consistent with United States Supreme Court precedent when evaluating whether evidence should be excluded due to a violation of the Fourth Amendment.
Under the good faith exception to the exclusionary rule, exclusion of evidence is not the proper remedy when an officer has acted upon objectively reasonable reliance that a warrant was properly issued by a neutral and detached magistrate.

Christianson v. Christianson 2003 ND 186
Docket No.: 20030123
Filing Date: 12/2/2003
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: No North Dakota statute or case law provides for the imputation of income in spousal support cases.
Equalization of income is not a goal or a measure of spousal support although it is a factor which may be considered.

Fish v. Dockter 2003 ND 185
Docket No.: 20030080
Filing Date: 12/2/2003
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: To be defamatory, a statement must be false, but there is no liability for defamatory statements that are privileged.
There is a qualified privilege for communications made, without malice, to an interested person by one who is also interested so as to afford a reasonable ground for supposing the motive for the communication innocent.
There is an absolute privilege for communications made incident to and during administrative proceedings.

State v. Backlund 2003 ND 184
Docket No.: 20030044
Filing Date: 12/2/2003
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: An adult is guilty of luring a minor by computer when (1) the adult knows the character and content of a communication that, in whole or in part, implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sadomasochistic abuse, or other sexual performances, (2) the adult willfully uses the computer communication system to initiate or engage in such communication with a person the adult believes to be a minor, and (3) by means of that communication, the adult willfully importunes, invites, or induces the person the adult believes to be a minor to engage in sexual acts or have sexual contact with the adult, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust, passions, or sexual desires.
North Dakota has jurisdiction to prosecute a defendant who solicits a person believed to be a minor to engage in sexual acts from a computer in Minnesota, where the communication is received in North Dakota and the defendant travels to and is arrested in North Dakota.
North Dakota's luring-a-minor-by-computer law does not violate the Commerce Clause or the First Amendment.
The registration and notification provisions for sexual offenders do not violate procedural due process or double jeopardy.

Bay v. State 2003 ND 183
Docket No.: 20030145
Filing Date: 12/2/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: Issues not raised to the trial court cannot be raised for the first time on appeal.
A nonbinding recommendation of sentence and a binding plea agreement under N.D.R.Crim.P. 11(d) are significantly different.
The State fulfills its obligation in a nonbinding recommendation when it makes the recommendation, and the trial court may impose a harsher sentence without allowing the defendant to withdraw the guilty plea.
Defendants who voluntarily plead guilty waive the right to challenge nonjurisdictional defects occurring before entry of the guilty plea.

Interest of L.D. 2003 ND 182
Docket No.: 20030305
Filing Date: 12/2/2003
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: A petition for involuntary treatment must be supported by clear and convincing evidence.
The trial court's determination of clear and convincing evidence that a person requires treatment is a finding of fact subject to a more probing, clearly erroneous standard of review.
If other evidence presented at a treatment hearing supports the underlying allegations of the petition, the petitioner does not have to be present to testify regarding all the allegations in the petition.

Crane Johnson Lumber Co., et al. v. City of Fargo 2003 ND 181
Docket No.: 20030146
Filing Date: 12/2/2003
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: Property lying outside the limits of a special improvement district created by a municipality's governing body is not subject to assessment by the special assessment commission.

State v. Knowels (cross-ref. w/20010147) 2003 ND 180
Docket No.: 20030093
Filing Date: 12/2/2003
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Neumann, William

Highlight: North Dakota law does not require a chemical test to convict a person of driving while under the influence of alcohol. A conviction may be sustained when evidence of defendant's intoxication is shown through witness testimony of defendant's intoxication, based on their observations of defendant.

Kamara v. State 2003 ND 179
Docket No.: 20030180
Filing Date: 12/2/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: To establish ineffective assistance of counsel, a person must show counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him.
The standard of review for a claim of ineffective assistance of counsel is a mixed question of law and fact, but the trial court's findings of fact are subject to a clearly erroneous standard of review.
The credibility of witnesses is left to the trial court to determine.

Negaard v. Negaard (cross-ref. w/20010251) 2003 ND 178
Docket No.: 20030174
Filing Date: 12/2/2003
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Post-judgment divorce order granting costs and attorney's fees summarily affirmed under N.D.R.App.P. 35.1(a)(4), (7).

Elshaug v. Workforce Safety and Insurance, et al. (cross-reference 990286) 2003 ND 177
Docket No.: 20030100
Filing Date: 11/18/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: A claimant has the burden of proving a right to receive workers compensation benefits or to continued benefits if they are terminated after liability for a claim has been accepted.
A claimant must establish by a preponderance of the evidence that the medical condition for which benefits are sought is causally related to a work injury.