Opinions

Matter of Amy Jo Yates 2022 ND 11
Docket No.: 20210194
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Brendel Construction v. WSI 2022 ND 10
Docket No.: 20210229
Filing Date: 1/6/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: McEvers, Lisa K. Fair

Highlight: Under N.D.C.C. § 65-04-04(1), workforce insurance premium liability must be based on a proportion of the annual expenditure of money by the employer for the service of persons.

The information Workforce Safety and Insurance uses to calculate an employer’s liability must be indicative of the premiums the employer owes and sufficiently reliable to support the amount.

An ALJ’s finding that WSI used unreliable information to establish premium liability in this case is supported by the record and affirmed.

Brendel Construction v. WSI 2022 ND 10
Docket No.: 20210229
Filing Date: 1/6/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: McEvers, Lisa K. Fair

State v. Mayland 2022 ND 9
Docket No.: 20210213
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: The statutory remedy provided in N.D.C.C. § 39-20-01(a) is limited to administrative proceedings where the driver refused to take a chemical test.

Regardless of whether a driver was arrested, the statutory exclusionary rule does not apply in this case, a criminal proceeding where the driver took the chemical test.

Issues not raised at the district court will not be considered for the first time on appeal.

State v. Mayland 2022 ND 9
Docket No.: 20210213
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al. 2022 ND 8
Docket No.: 20210050
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: An oil and gas operator may suspend royalty payments to the mineral owner in the event of a dispute of title existing that would affect distribution of royalty payments. The operator shall make royalty payments to those mineral owners whose title and ownership interest is not in dispute.

State v. Castleman 2022 ND 7
Docket No.: 20210011
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: The ordinary meaning of “mental injury” as used in N.D.C.C. § 14-09-22(1) requires mental suffering and trauma that has some lasting, non-transitory effect.

Livingston v. WSI, et al. 2022 ND 6
Docket No.: 20210232
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge’s decision that affirmed a North Dakota Workforce Safety and Insurance decision denying benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Livingston v. WSI, et al. 2022 ND 6
Docket No.: 20210232
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Lebeau v. State 2022 ND 5
Docket No.: 20210221
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order summarily dismissing a second application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).