Opinions

WSI v. Eight Ball Trucking, Inc., et al. 2019 ND 102
Docket No.: 20180267
Filing Date: 4/11/2019
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: A summary judgment entered after a defendant fails to respond to the motion for summary judgment is an adjudication on the merits and not a default judgment.
A district court’s decision whether to vacate a judgment will not be disturbed on appeal absent an abuse of discretion.

State v. Mohamud 2019 ND 101
Docket No.: 20180333
Filing Date: 4/11/2019
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: The district court did not abuse its discretion by denying the motion to dismiss for undue delay.

The district court did not err as a matter of law and did not come to any erroneous factual determinations in finding the defendant’s right to a speedy trial was not violated.

Evidence was sufficient to support guilty verdicts.

No-contact order was properly considered a condition of probation.

Lavallie v. State 2019 ND 100
Docket No.: 20180362
Filing Date: 4/11/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: District court erred by reducing a criminal sentence based on a statute enacted after the conviction had been finalized.

State v. Comes 2019 ND 99
Docket No.: 20180312
Filing Date: 4/11/2019
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: Rule 35, N.D.R.Crim.P., requires notice of intent to correct a sentence be given to the parties.

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.