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1811 - 1820 of 12359 results

State v. Greenshields 2019 ND 229
Docket No.: 20190105
Filing Date: 8/29/2019
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: When the dismissal of a criminal count or entire complaint is silent whether it is with or without prejudice, it is ambiguous and examination of the parties and the district court’s intent is required.

Pennington, et al. v. Continental Resources, Inc. 2019 ND 228
Docket No.: 20190063
Filing Date: 8/27/2019
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: Oil and gas leases are interpreted as a whole to give effect to every part if reasonably practicable.
A force majeure clause in a contract allocates the risk of loss if performance becomes impossible or impracticable as a result of an event or effect that the parties could not have anticipated or controlled.
A party relying on an express force majeure clause in a contract must provide proof that the failure to perform was proximately caused by a contingency and that, in spite of the party’s skill, diligence, and good faith, performance remains impossible or unreasonably expensive.

State v. Johns 2019 ND 227
Docket No.: 20180431
Filing Date: 8/26/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A completed deferred imposition of sentence that has resulted in dismissal of the charge involving a prior conviction under N.D.C.C. title 19-03.4 can not be used to enhance a subsequent charge of unlawful possession of drug paraphernalia.

Plains Trucking, LLC v. Hagar, et al. 2019 ND 226
Docket No.: 20190022
Filing Date: 8/22/2019
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.

When a worker is an employee, the Workforce Safety and Insurance Act generally provides the exclusive remedy for the employee who suffers a compensable injury.

Workforce Safety and Insurance must make the initial determination that an employer has misrepresented the amount of payroll upon which its premium is based before an employee may pursue the dual remedy of a civil action.

Plains Trucking, LLC v. Cresap, et al. 2019 ND 226
Docket No.: 20190014
Filing Date: 8/22/2019
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.

When a worker is an employee, the Workforce Safety and Insurance Act generally provides the exclusive remedy for the employee who suffers a compensable injury.

Workforce Safety and Insurance must make the initial determination that an employer has misrepresented the amount of payroll upon which its premium is based before an employee may pursue the dual remedy of a civil action.

Baker v. Baker 2019 ND 225
Docket No.: 20190048
Filing Date: 8/22/2019
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: On a motion to modify primary residential responsibility, a district court must accept the truth of the moving party’s allegations unless an opposing affidavit conclusively establishes the movant’s allegations have no credibility.

Under N.D.R.App.P. 30(a)(1), only items in the record may be included in the appendix.

City of Bismarck v. Vagts 2019 ND 224
Docket No.: 20190026
Filing Date: 8/22/2019
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: A law enforcement officer’s approach of a parked vehicle is not a seizure if the officer inquires of the occupant in a conversational manner, does not order the person do something, and does not demand a response.

An officer’s encounter with a person may lead to a seizure if the officer learns something during the encounter that leads to a reasonable suspicion of criminal activity and that reasonably justifies further investigation, a seizure, or an arrest.

The results of a chemical test are not admissible in a criminal proceeding if an officer does not substantively comply with the applicable statutory requirements of the implied consent advisory.

Kalmio v. State 2019 ND 223
Docket No.: 20190051
Filing Date: 8/22/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: Whether a petitioner received ineffective assistance of counsel is a mixed question of law and fact and is fully reviewable on appeal. Under N.D.R.Civ.P. 52(a), the district court’s findings of fact will not be disturbed on appeal unless clearly erroneous.

To show prejudice for ineffective assistance of counsel in a direct appeal, there must be a reasonable probability the appellate counsel’s errors changed the result of the direct appeal.

Absent specific instructions, a district court deciding an issue on remand must exercise its discretion when determining the procedure to follow. A district court’s decision whether to take additional evidence will be reversed only if the court abused its discretion.

State v. Hoehn 2019 ND 222
Docket No.: 20180400
Filing Date: 8/22/2019
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: For a defendant to qualify as a dangerous special offender, the prior and current offenses must be similar. To determine whether two offenses are similar, the court must compare the elements of the two statutes and may also compare the conduct underlying the two offenses. If neither the elements nor the facts of the prior offense are similar to those of the current offense, the defendant does not qualify as a dangerous special offender.

Nelson, et al. v. Nelson, et al. 2019 ND 221
Docket No.: 20180421
Filing Date: 8/22/2019
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A district court has broad discretion to impose sanctions for discovery abuses, including striking pleadings or dismissing claims.
The district court has inherent authority to award attorney’s fees as a sanction for a litigant’s misconduct.
The district court’s valuation of a partnership that is within the range of evidence presented to the court is not clearly erroneous.

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