Opinions

State v. Simundson 2019 ND 6
Docket No.: 20180223
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Summary affirmance of jury conviction for actual physical control under N.D.C.C. § 39-08-01.

Lunde v. Paulson 2019 ND 5
Docket No.: 20180248
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Personal Injury
Author: Per Curiam

Highlight: Summarily affirm default judgment based on a lack of errors appearing on the face of the judgment roll.

Schwab v. State 2019 ND 4
Docket No.: 20180230
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An appeal from a district court’s order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

If it is easier to dispose of an ineffective assistance of counsel claim on the ground of lack of sufficient prejudice, that course should be followed.

Interest of P.T.D. (CONFIDENTIAL) (consolidated w/20180193-20180196) 2019 ND 3
Docket No.: 20180192
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: An appeal from a juvenile court order finding five children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

DeLong v. Shields, et al. 2019 ND 2
Docket No.: 20180198
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court’s award of unsupervised parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Berg v. North Dakota State Board of Registration (cons.w/20170414 cont. in memo) 2018 ND 274
Docket No.: 20170413
Filing Date: 12/11/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Jensen, Jon J.

Highlight: In reviewing an administrative agency’s findings of fact, the Supreme Court does not make independent findings of fact or substitute its judgment for that of the agency.
In an administrative proceeding, the administrative agency resolves conflicts of evidence and weighs the credibility of witnesses.

Bakke v. Magi-Touch Carpet One Floor & Home, Inc., et al. 2018 ND 273
Docket No.: 20180116
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: An employer of an independent contractor generally is not liable for the negligence of the independent contractor.

North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts.

A contracting party cannot escape its liability on the contract by merely assigning its duties and rights under the contract to a third party.

The remedy for fraud is rescission of the contract and requires returning the parties back to their original positions.

Deceit is not an action dependent on a contract; it is a tort cause of action, and allows recovery of damages upon proof of an affirmative misrepresentation or suppression of material facts.

When a party requests leave to amend without requesting additional discovery and a summary judgment motion has been docketed, the proposed amendment must be both theoretically viable and solidly grounded in the record.

The measure of damages for breach of contract is the amount which will compensate the injured person for the loss which fulfillment of the contract would have prevented or the breach of the contract now requires.

City of Grand Forks v. Barendt 2018 ND 272
Docket No.: 20180227
Filing Date: 12/6/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: The implied consent advisory under N.D.C.C. 39-20-01(3) must be read after placing an individual under arrest and before administering a chemical test to determine alcohol concentration or the presence of other drugs.

Dale Exploration, LLC, et al. v. Hiepler, et al. 2018 ND 271
Docket No.: 20180065
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The settlor of an irrevocable trust with the power to remove trust property must convey mineral interests that he sold in an individual capacity while the property was titled under the trust.

Lechner v. WSI, et al. 2018 ND 270
Docket No.: 20180203
Filing Date: 12/6/2018
Case Type: Appeal - Administrative - Workers Compensation
Author: Tufte, Jerod E.

Highlight: A claim for workers’ compensation benefits must be filed within one year after the injury.
The date of injury for purposes of determining whether a claim for benefits is timely filed is the first date a reasonable lay person, not learned in medicine, knew or should have known that he suffered a compensable work-related injury and has either lost wages or received medical treatment.