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1221 - 1230 of 12446 results
Orwig v. Orwig (consolidated w/20210141)
2022 ND 29
Docket No.: 20210140
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.
Highlight: A motion to dismiss under N.D.R.Civ.P. 12(b)(6) is not automatically converted to a motion for summary judgment under N.D.R.Civ.P. 56 when a party submits additional materials outside the pleadings, and the court has discretion in deciding whether to exclude the additional materials. A pleading that states a claim for relief is not required to have detailed factual allegations, but it must have more than labels and conclusions or a formulaic recitation of the elements of a claim.
Christiansen v. NDDOT
2022 ND 27
Docket No.: 20210218
Filing Date: 1/27/2022
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John
Highlight: The Administrative Agencies Practice Act governs this Court’s review of the Department of Transportation’s decision to suspend a driver’s license.
Chapter 1-02, N.D.C.C., contains the traditional rules of statutory construction and interpretation.
Section 39-20-03.1, N.D.C.C., provides procedures law enforcement must follow after a person has tested over the legal limit for driving under the influence.
Section 39-20-04.1, N.D.C.C., provides the Department of Transportation’s authority to sanction a driver who has tested over the legal limit for driving under the influence.
Section 39-20-04.1(1), N.D.C.C., does not mention the timing of law enforcement forwarding the report, so the five-day directive to law enforcement in N.D.C.C. 39-20-03.1(4) does not affect the Department’s authority to suspend driving privileges.
When no remedy is provided by statute for a statutory violation, this Court looks at whether the victim of the violation was prejudiced.
Christiansen v. NDDOT
2022 ND 27
Docket No.: 20210218
Filing Date: 1/27/2022
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John
Sherman v. Guillaume, et al.
2022 ND 26
Docket No.: 20210196
Filing Date: 1/27/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam
Highlight: A judgment determining primary residential responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
Sherman v. Guillaume, et al.
2022 ND 26
Docket No.: 20210196
Filing Date: 1/27/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam
State v. Clairmont
2022 ND 25
Docket No.: 20210219
Filing Date: 1/27/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam
Highlight: A criminal judgment entered after a jury found the defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
State v. Clairmont
2022 ND 25
Docket No.: 20210219
Filing Date: 1/27/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam
Divide County v. Stateline Service, et al. (consolidated w/20210017)
2022 ND 24
Docket No.: 20210016
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.
Highlight: A road restriction is not published for purposes of N.D.C.C. § 39-12-03(2)(a) unless the information is available in the typical location where a user seeking such information would expect to find it.
