Opinions

Bjerk, et al. v. Anderson 2018 ND 124
Docket No.: 20170160
Filing Date: 5/14/2018
Case Type: Appeal - Civil - Personal Injury
Author: Tufte, Jerod E.

Highlight: Absent a heightened degree of foreseeability, a homeowner does not have a duty of care under a premises liability theory to protect a guest in the home from the guest's own voluntary consumption of illegal drugs.

N.D. Dep't of Transportation v. Rosie Glow, LLC 2018 ND 123
Docket No.: 20170248
Filing Date: 5/14/2018
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A district court abuses its discretion in awarding attorney fees without adequate explanation for drastically reducing the award.
A district court abuses its discretion when it fails to consider expert witness costs in its order awarding attorney fees and costs under N.D.C.C. § 32-15-32.

Ferguson v. Ferguson 2018 ND 122
Docket No.: 20170213
Filing Date: 5/10/2018
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Key Energy Services, LLC v. Ewing Construction Co., Inc., et. al. 2018 ND 121
Docket No.: 20170324
Filing Date: 5/9/2018
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court in its discretion may allow amendment of a proof of service at any time.
To establish a basis for relief from a district court's denial of a motion for relief from a default judgment, a party must show the district court abused its discretion.
Although under some circumstances the amount of money at stake might be a legitimate factor for a court to consider on a motion to vacate a default judgment, this factor is not enough in the absence of a good excuse for the default.

Molbert v. Kornkven, et al. 2018 ND 120
Docket No.: 20170325
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Actions involving fraud are not commonly suited for summary judgment; however, if a party fails to support his or her opposition to summary judgment with sufficient facts to show there is a genuine issue for trial, then, even in these cases, summary judgment may be appropriate.
When specific performance is requested under North Dakota law, a court may inquire into the adequacy of the consideration supporting a contract. Mere inadequacy of consideration, however, does not justify a denial of specific performance in the absence of unfairness or undue influence.

Alerus Financial, N.A. v. Erwin 2018 ND 119
Docket No.: 20170275
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: When a party moves to amend a pleading in response to a motion for summary judgment, the proposed amendment must be theoretically viable and supported by substantial evidence.
A party requesting a continuance for additional time for discovery under N.D.R.Civ.P. 56(f) must identify with specificity what information is sought and explain how that information would preclude summary judgment and why the information was not previously obtained.

Estate of Nelson 2018 ND 118
Docket No.: 20170246
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: A life tenant may convey or lease his or her interest, but may not disregard the rights of those who take when the life estate ends.
An appeal is frivolous when it is flagrantly groundless.

Matter of Hogen Trust B 2018 ND 117
Docket No.: 20170090
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: In the absence of trust language specifying a termination date for a trust, termination occurs when the object or purpose of the trust is accomplished.

A trustee has a fiduciary duty to a trust and may be liable to the trust for breaches of that duty.

An award of trustee fees and attorney fees is reviewed under the abuse-of-discretion standard.

IRET Properties v. Lee, et al. 2018 ND 116
Docket No.: 20170451
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: The purpose of the summary eviction statute is to provide an inexpensive, expeditious, and simple means to determine possession of property. The right to the possession of disputed real estate is the only fact that can be rightfully litigated in a summary eviction action unless damages or rent is claimed.
Appellant's failure to file a transcript leaves this Court to only look to the record in reviewing the district court's findings.

Hoff v. Hoff 2018 ND 115
Docket No.: 20180022
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court need not make separate findings for each best interests factor but, as with custody, the court's findings must contain sufficient specificity to show the factual basis for the decision.
The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories.