Opinions

State v. Molina 2021 ND 41
Docket No.: 20200247
Filing Date: 3/18/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court order denying a petition for writ of prohibition is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Interest of L.T.D. (CONFIDENTIAL) (consolidated w/20210035) 2021 ND 40
Docket No.: 20210034
Filing Date: 3/18/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

WSI v. Sandberg, et al. 2021 ND 39
Docket No.: 20200174
Filing Date: 3/3/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: McEvers, Lisa K. Fair

Highlight: Claimants must prove by a preponderance of evidence that they have sustained a compensable injury and are entitled to workers’ compensation benefits.

A claimant must prove that the condition for which benefits are sought is “causally related” to a work injury. To establish a “causal connection,” a claimant must demonstrate the claimant’s employment was a substantial contributing factor to the injury and need not show employment was the sole cause of the injury.

A compensable injury must be established by medical evidence supported by objective medical findings, which may include a physician’s medical opinion based on an examination, a patient’s medical history, and the physician’s education and experience.

Lund v. Swanson, et al. 2021 ND 38
Docket No.: 20200147
Filing Date: 3/3/2021
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A settlement agreement is a contract between parties, and thus contract law applies.

An agreement to transfer oil interests for valuable consideration is an agreement for the sale of real property, or of an interest therein, under the statute of frauds, N.D.C.C. § 9-06-04(3).

Subsection 9-06-04(3), N.D.C.C., provides that an agreement for the sale of real property, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing subscribed by the party sought to be charged.

To take a contract out of the statute of frauds, the party seeking to enforce the oral contract must establish part performance that is not only consistent with, but that is consistent only with, the existence of the alleged oral contract.

Cases accepting the doctrine of part performance have recognized three major categories of acts by the purchaser that may make an oral contract enforceable: paying the contract price, taking possession of the property, and making improvements.

A party missing out on the benefit of their contractual bargain does not promote an injustice or perpetrate a fraud as to require an agreement to be removed from the statute of frauds.

Friesz v. State 2021 ND 37
Docket No.: 20200169
Filing Date: 3/3/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: In a post-conviction relief proceeding, a petitioner is entitled to a fourteen-day window to respond to a request for dismissal of their petition for post-conviction relief.

WSI v. Cherokee Services Group, et al. 2021 ND 36
Docket No.: 20200166
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Tribal sovereign immunity protects Indian tribes against lawsuits, even ones brought by the State.

Extension of tribal sovereign immunity to businesses relies on a test to determine if they qualify as arms of the tribe.

A manager or governor of a limited liability company cannot be held liable under N.D.C.C. § 65-04-26.1(1) for unpaid premiums and reimbursements when the limited liability company itself is not liable for the amounts.

Workforce Safety and Insurance has no statutory authority to order an insurance company cease and desist from writing coverage in North Dakota.

AE2S Construction v. Hellervik Oilfield Technologies, et al. 2021 ND 35
Docket No.: 20200180
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: An appearance for purposes of N.D.R.Civ.P. 55(a) is any response sufficient to give the plaintiff or his or her attorney notice of an intent to contest the claim.

A party’s disregard of service of process does not constitute mistake, inadvertence, or excusable neglect under N.D.R.Civ.P. 60(b)(1).

Atkins v. State 2021 ND 34
Docket No.: 20200172
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: If an applicant files a N.D.R.Civ.P. 60(b) motion for relief following an order denying post-conviction relief, the motion will be treated as another post-conviction relief application and will not toll the time for appealing the order denying post-conviction relief.

An applicant for post-conviction relief may not allege ineffective assistance of post-conviction counsel.

Orwig v. Orwig (consolidated w/20200124) 2021 ND 33
Docket No.: 20200123
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: In a court trial, any error in admitting a deposition is harmless unless the deposition testimony induced the court to make an essential finding which would not otherwise have been made or otherwise affected a party’s substantial rights.

A district court’s property valuation in a divorce case is not clearly erroneous if it is within the range of evidence presented.

An award of attorney’s fees must generally be supported by evidence upon which the court can determine whether the requested fees are reasonable and legitimate.

Paulson v. Paulson 2021 ND 32
Docket No.: 20200163
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court’s decision on whether to vacate a divorce judgment under N.D.R.Civ.P. 60(b) will not be overturned on appeal absent an abuse of discretion. A party seeking to vacate a divorce judgment entered pursuant to a settlement agreement under N.D.R.Civ.P. 60(b) must demonstrate extraordinary circumstances justifying relief. When considering whether a divorce judgment based on a settlement agreement should be vacated, the district court should inquire: (1) whether the agreement is free from mistake, duress, menace, fraud, or undue influence; and (2) whether the agreement is unconscionable. The party seeking relief from judgment based on fraud has the burden to establish fraud by clear and convincing evidence. Unconscionability may be considered as a ground for relief under N.D.R.Civ.P. 60(b)(6). To vacate a divorce judgment as unconscionable, there must be a showing of both procedural and substantive unconscionability. A disparate settlement is not necessarily substantively unconscionable, particularly in a short-term marriage