Opinions

Thompson-Widmer v. Larson, et al. 2021 ND 27
Docket No.: 20200173
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A publication or communication must be false to be defamatory.

Fulfilling an open records request is a privileged communication and not subject to liability for defamation.

McClintock v. NDDOT 2021 ND 26
Docket No.: 20200164
Filing Date: 2/18/2021
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: To facilitate compliance with statutory requirements and the foundational element requiring a test be fairly administered, the state toxicologist has established approved methods for administering chemical breath tests.

The approved method for the Intoxilyzer 8000 requires that the device must be installed by a field inspector prior to use.

State v. Spillum 2021 ND 25
Docket No.: 20200156
Filing Date: 2/18/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: If a motion for judgment of acquittal was made at trial on specified grounds, and those grounds did not include the claim on appeal, the defendant does not preserve that issue for this Court’s review.

The existence of an arrest warrant does not convert a noncustodial situation into a custodial one.

Davis v. Davis, et al. 2021 ND 24
Docket No.: 20200162
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Failure to provide a non-moving party the allotted time to respond under N.D.R.Ct. 3.2(a)(2) is a misapplication of law.

Judgment may be overturned under Rule 60(b) where a motion is promptly made, the grounds of the motion satisfy the requirements of Rule 60(b), and an answer that appears to assert a meritorious defense is presented.

Stoddard v. Singer 2021 ND 23
Docket No.: 20200157
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s findings of fact will not be reversed on appeal unless clearly erroneous.

District court findings based on assessment of witness credibility are given deference.

Upon the showing of a prima facie case under a psychological parent claim, the movant is entitled to an evidentiary proceeding.

A district court’s decision whether to appoint a parenting investigator is discretionary and will not be reversed absent an abuse of discretion.

The standard of review in determining whether a district court erred in delaying a hearing on an emergency motion under Rule 8.2, N.D.R.Ct., is abuse of discretion.

Estate of Johnson 2021 ND 22
Docket No.: 20200142
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: In an informal, unsupervised probate, an order settling all claims of one claimant is final, even if there are pending claims by other claimants.

This Court does not consider questions not presented to the trial court nor arguments inadequately articulated, supported, and briefed.

Swanson v. Larson, et al. 2021 ND 0216
Docket No.: 20210125
Filing Date: 12/9/2021
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Generally, when a contract is silent as to its duration, it is terminable at will by either party.

Conduct establishing a breach of contract does not subject the defendant to a negligence action, unless the defendant’s conduct also establishes a breach of an independent duty that does not arise from the contract.

Swanson v. Larson, et al. 2021 ND 0216
Docket No.: 20210125
Filing Date: 12/9/2021
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

State v. Youngbird 2021 ND 21
Docket No.: 20200167
Filing Date: 2/18/2021
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: A district court has jurisdiction to amend a criminal judgment to include restitution when the State files the motion to amend within the time limit imposed by the court during sentencing.

When a defendant and the State enter into a plea agreement in which the prosecuting attorney agrees to recommend a particular sentence, that agreement does not resolve restitution and a restitution hearing must be held.

Johnson v. Menard 2021 ND 19
Docket No.: 20200126
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: During trial, a party can make a motion for judgment as a matter of law alleging insufficient evidence under N.D.R.Civ.P. 50(a). However, after the jury returns its verdict the party must renew the motion under N.D.R.Civ.P. 50(b) to preserve the sufficiency of the evidence issue for review on appeal.

After removing a small claims court action to district court, amending the complaint does not preclude an award of attorney’s fees under N.D.C.C. § 27-08.1-04.

A court does not abuse its discretion when it uses an itemized bill to award a party attorney’s fees under N.D.C.C. § 27-08.1-04.

Under N.D.C.C. § 27-08.1-04, a prevailing plaintiff should be awarded reasonable attorney’s fees for the district court proceedings and for a successful appeal.