Opinions

Sabo, et al. v. Job Service 2019 ND 98
Docket No.: 20180354
Filing Date: 4/11/2019
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: McEvers, Lisa K. Fair

Highlight: The doctrine of administrative res judicata prevents collateral attacks on administrative agency final orders.

An issue is not ripe for review if it depends on future contingencies which, although they might occur, necessarily may not, thus making addressing the question premature.

Pavlicek v. American Steel Systems, Inc., et al. 2019 ND 97
Docket No.: 20180168
Filing Date: 4/11/2019
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court may grant a motion for judgment as a matter of law if a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.

In considering a motion for judgment as a matter of law, the court must apply a rigorous standard with a view toward preserving a jury verdict.

Heitkamp v. Kabella 2019 ND 96
Docket No.: 20180288
Filing Date: 4/11/2019
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: When an ambiguous contract is at issue, the parties’ intent becomes a question of fact.

Issue was remanded for a finding on the nature of the parties’ agreement.

Cuozzo v. State, d/b/a University of North Dakota, et al. 2019 ND 95
Docket No.: 20180337
Filing Date: 4/11/2019
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Crothers, Daniel John

Highlight: Board of Higher Education policies, rules and regulations adopted as part of its policy manual govern termination of university faculty members and are part of the employment contract between the institution and the faculty member.

Generally, substantial compliance with the procedural requirements for termination is sufficient if their purpose is fulfilled.

The separation of powers doctrine does not permit judicial examination of the adequacy of a university president’s review of the record.

Candee, et al. v. Candee 2019 ND 94
Docket No.: 20180246
Filing Date: 4/11/2019
Case Type: Appeal - Civil - Foreclosure
Author: Crothers, Daniel John

Highlight: A district court’s decision regarding attorney fees will not be set aside on appeal absent an abuse of discretion.

A settlement agreement and mutual release of claims was not “evidence of debt” under N.D.C.C. § 28-26-04, so as to preclude enforcement a contractual provision providing for recovery of attorney fees and costs.

Horst v. Horst 2019 ND 93
Docket No.: 20180402
Filing Date: 4/11/2019
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court judgment awarding a divorce, establishing primary residential responsibility, child support, and parenting time are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3) and(4).

An argument that is not adequately articulated, supported, and briefed will not be considered on appeal.

Interest of C.D.C. (CONFIDENTIAL) 2019 ND 92
Docket No.: 20180371
Filing Date: 4/11/2019
Case Type: Appeal - Civil - Paternity
Author: Per Curiam

Highlight: Appeal from an order denying motion to vacate judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Johnson 2019 ND 91
Docket No.: 20180349
Filing Date: 4/11/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment finding defendant guilty of unlawful possession of a controlled substance in violation of N.D.C.C. § 19-03.1-23 and unlawful possession of drug paraphernalia in violation of N.D.C.C. § 19-03.4-03 is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Disciplinary Board v. Turcotte 2019 ND 90
Docket No.: 20190042
Filing Date: 4/8/2019
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Attorney reprimanded.

Bearce, et al. v. Yellowstone Energy Development, LLC 2019 ND 89
Docket No.: 20180256
Filing Date: 3/22/2019
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: The proper remedy for fraud is recision of the contract.

Parties agreed to continue with the sale of the real property after failure of condition precedent.

Finding that a contract for deed was ambiguous required remand for interpretation of that contract for deed using extrinsic evidence.

A contract is ambiguous when reasonable arguments can be made for different positions on its meaning.