Opinions
11 - 20 of 13212 results
Papenhausen v. ConocoPhillips Co.
2024 ND 40
Highlight: We answer two certified questions from the United States District Court for the District of North Dakota regarding North Dakota’s natural accumulation rule, which precludes liability for injuries caused by natural accumulations of snow and ice. The questions ask whether the accumulation rule extends to an oil well site in a rural area, and, if so, does it still apply if it conceals a condition substantially more dangerous than one normally associated with ice and snow. |
State v. Wiese
2024 ND 39
Highlight: Obvious error analysis does not apply to errors waived through the doctrine of invited error, unless a constitutional error is structural. |
Archambault v. State
2024 ND 38
Highlight: To prevail on an ineffective assistance of counsel claim under the Strickland test, the applicant must show: (1) counsel’s representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. |
Weber v. NDDOT
2024 ND 37 Highlight: A driver arrested for driving under the influence of alcohol was provided a reasonable opportunity to consult with counsel when he was permitted to use his cellphone to call a third party to help contact an attorney and made no additional requests or attempts to contact counsel. |
Interest of J.C.
2024 ND 36 Highlight: Order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Disciplinary Board v. Pilch
2024 ND 35 Highlight: Lawyer disbarred. |
Garaas, et al. v. Petro-Hunt
2024 ND 34
Highlight: A dismissal without prejudice is appealable if the judgment has the practical effect of terminating litigation in the plaintiffs’ chosen forum. |
State v. Rinde
2024 ND 33
Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively. |
NDIC v. Gould, et al.
2024 ND 32
Highlight: Lien priority usually is based on its date of perfection. |
Nelson v. Nelson, et al.
2024 ND 31
Highlight: A district court must weigh all four Stout-Hawkinson factors when determining whether a moving parent can relocate to a different state with the children. |