Opinions

RTS Shearing v. BNI Coal 2021 ND 170
Docket No.: 20200340
Filing Date: 9/30/2021
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: Parties to a contract may incorporate contractual terms by reference to a separate, noncontemporaneous document, including a separate agreement to which they are not parties, and including a separate document which is unsigned.

Although whether one agreement has incorporated another has factual components, whether material has been incorporated presents a question of law.

Galvanizers, et al. v. Kautzman, et al. 2021 ND 169
Docket No.: 20210042
Filing Date: 9/30/2021
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The district court must make sufficient findings of fact and conclusions of law after a bench trial to allow review of its decision on appeal.

Whether property held in the name of an individual belongs to the partnership is a question of fact.

Carpenter v. State 2021 ND 168
Docket No.: 20210104
Filing Date: 9/30/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Sims v. Sims 2021 ND 167
Docket No.: 20210039
Filing Date: 9/16/2021
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court order entering a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

WSI v. Badger Roustabouts 2021 ND 166
Docket No.: 20210022
Filing Date: 9/16/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: An individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test.

Whether a worker is an independent contractor or an employee is a mixed question of fact and law.

To be entitled to an award attorney’s fees under N.D.C.C. § 28-32-50, a non-agency party must meet a two-part test: 1) the non-administrative agency party must prevail, and 2) the agency must have acted without substantial justification.

Fleck v. State 2021 ND 165
Docket No.: 20210089
Filing Date: 9/16/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of Muscha 2021 ND 164
Docket No.: 20210071
Filing Date: 9/16/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Highlight: A district court must specify facts on which its conclusions are based that a sexually dangerous individual continues to have serious difficulty controlling his behavior. Both past conduct and present conduct are relevant to determine whether an individual continues to have serious difficulty controlling his behavior. The conduct need not be sexual in nature.

Evidence of negative and inappropriate behaviors, including incidents demonstrating more than mere horseplay, may be sufficient to demonstrate serious difficulty controlling behavior.

Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110) 2021 ND 163
Docket No.: 20210109
Filing Date: 6/24/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: In addition to state law requirements for parental termination, the requirements of the Indian Child Welfare Act, 25 U.S.C. § 1912, must be met in cases involving an Indian child as defined by the Act.

Because children are entitled to permanency and because ICWA presents an opportunity for collateral attack of a state court judgment if its requirements are not met, we will not strain to infer findings from a vague reference to the requirement. The juvenile court must make detailed findings sufficient to satisfy ICWA. A qualified expert witness’s expressed preference to deny termination of parental rights does not preclude the court from making findings sufficient to satisfy ICWA and ordering termination.

Manning v. Jaeger, et al. 2021 ND 162
Docket No.: 20200332
Filing Date: 9/2/2021
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: To intervene as a matter of right, a person must establish on timely motion that 1) the person has a cognizable interest in the subject matter of the litigation, 2) the interest may be impaired as a result of the litigation, and 3) the interest is not adequately represented by an existing party to the litigation.

Exercise of supervisory jurisdiction is purely discretionary and decided on a case-by-case basis, considering the unique circumstances of each case.

State v. Johnson 2021 ND 161
Docket No.: 20200252
Filing Date: 9/2/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after 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.

To convict for terrorizing, the State must prove that the defendant intended to cause another person to fear for his or another person’s safety or acted with reckless disregard of the risk of causing such fear and that the defendant made a threat to commit a crime of violence or act dangerous to human life.