Opinions

Devore v. American Eagle Energy Corporation, et al. 2020 ND 23
Docket No.: 20190117
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Personal Injury
Author: Tufte, Jerod E.

Highlight: An employer of an independent contractor generally is not liable for the acts or omissions of the independent contractor.

An employer may be liable for an independent contractor’s torts if the employer retains control over the independent contractor.

Duty is a question of whether the relationship between the actor and the injured person gives rise to any legal obligation on the actor’s part for the benefit of the injured person.

PHI Financial Services v. Johnston Law Office, et al. (consol. w/ 20190001) 2020 ND 22
Docket No.: 20180330
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A motion to dismiss a complaint under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the statement of the claim presented in the complaint. A complaint should not be dismissed unless it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.
An abuse of process occurs when a person uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which it is not designed. The essential elements of an abuse-of-process claim are: (1) an ulterior purpose; and (2) a willful act in the use of the process not proper in the regular conduct of the proceeding.
A creditor must serve on the debtor a notice that a garnishee summons may be issued at least ten days before the issuance of any garnishee summons against the earnings of any person.
A claim for conversion requires proof of ‘a tortious detention or destruction of personal property, or a wrongful exercise of dominion or control over the property inconsistent with or in defiance of the rights of the owner.
A correct result will not be set aside merely because the district court relied on a different reason for its decision.

State v. Mondragon 2020 ND 21
Docket No.: 20190154
Filing Date: 1/23/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: When determining if there is good cause to continue when a defendant has elected his statutory speedy trial rights, failure of the court to address the factors will not be reversed if we are able to analyze the factors based on the record. A defendant cannot have the benefit of delay while simultaneously claiming the right to a speedy trial. A failure to show prejudice substantially weakens a speedy trial claim.

Hondl v. State, et al. 2020 ND 20
Docket No.: 20190099
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Absent personal jurisdiction, a court is powerless to do anything beyond dismissing without prejudice.

A determination of subject matter and personal jurisdiction must precede any dismissal with prejudice.

Chisholm v. State 2020 ND 19
Docket No.: 20190234
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: District courts are required to dismiss an applicant’s claims of ineffective assistance of postconviction relief counsel in a Uniform Postconviction Procedure Act proceeding.

Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties.

Appellant’s motions for recusal, to compel discovery, and to correct the record are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Konkel v. Amb 2020 ND 17
Docket No.: 20190152
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A parent moving to modify parenting time must show that a material change in circumstances has occurred since entry of the prior parenting time order and that the modification is in the child’s best interests.

A district court may clarify a judgment that is vague, uncertain, or ambiguous.

Hauer v. Zerr, et al. 2020 ND 16
Docket No.: 20190246
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: A mistake of law arising out of ignorance of the law rather than a misapprehension of the law does not support the remedy of reformation.

A claim alleging fraud in the inducement does not support the remedy of reformation.

State v. Wallitsch 2020 ND 15
Docket No.: 20190194
Filing Date: 1/23/2020
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: The district court did not obviously err by not providing a curative instruction regarding a potential juror’s comments during voir dire.

Ellis v. WSI 2020 ND 14
Docket No.: 20190252
Filing Date: 1/23/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: The time for an appeal from a posthearing administrative order is governed by N.D.C.C. ch. 65-10 and ch. 28-32. The Legislature has set the time for an appeal to the district court at thirty days from the date notice of the order has been given as required by N.D.C.C. § 28-32-39, including service by mail.

State v. Lail 2020 ND 13
Docket No.: 20190058
Filing Date: 1/23/2020
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: In murder for hire cases, taking actions that could reasonably lead to the hired individual committing the solicited killing constitute a substantial step in attempting to commit the underlying crime.

Solicitation accompanied by an offering of a specific amount of money and assisting in formulating a plan to commit murder were concrete steps toward the commission of the crime.