Opinions

Vail v. S/L Services, Inc. 2017 ND 202
Docket No.: 20170011
Filing Date: 8/11/2017
Case Type: Certified Question - Civil - Civil
Author: McEvers, Lisa K. Fair

Highlight: An employer may not willfully misrepresent to Workforce Safety and Insurance the amount of payroll used to calculate insurance premiums, or willfully fail to secure coverage for employees.
An employer's conduct is willful if engaged in intentionally and not inadvertently.

Public Service Commission v. Grand Forks Bean Company, Inc., et al. 2017 ND 201
Docket No.: 20160303
Filing Date: 8/9/2017
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A noncredit-sale receipt holder of an insolvent grain warehouseman is entitled to participate in an insolvency trust fund administered by the Public Service Commission, and a credit-sale contractor is not entitled to participate in that trust fund.
A licensed grain warehouseman is insolvent when the licensee refuses, neglects, or is unable upon proper demand to (1) make payment for grain purchased or marketed by the licensee, or (2) make redelivery or payment for grain stored.
The PSC is entitled to costs and expenses incurred in administrating a grain warehouseman's insolvency trust fund.

Fahey, et al. v. Fife, et al. 2017 ND 200
Docket No.: 20160305
Filing Date: 8/7/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: Arguments not raised to the district court will not be addressed on appeal.
Absent clear error, a district court's valuation of a decedent's estate will not be reversed on appeal.

Disciplinary Board v. Allen 2017 ND 199
Docket No.: 20170061
Filing Date: 8/2/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Although N.D.R. Prof. Conduct 1.8(l) exempts attorneys with familial relationships from the absolute ban against serving in the dual capacities of fiduciary and lawyer for the fiduciary, it does not relieve them from duties owed under the law and the rules of professional conduct.
The Supreme Court defers to a hearing panel's findings on the credibility of a witness.
Circumstantial evidence can establish clear and convincing evidence of a violation of the rules of professional conduct.
For violations of N.D.R. Prof. Conduct 1.7 (conflict of interest), 1.9 (duties to former client), and 8.4 (misconduct) while serving as his mother's attorney-in-fact and as the personal representative of her estate, a lawyer is suspended from the practice of law for six months and ordered to pay $15,360.77 for the costs and expenses of the proceedings.

Stuber, et al. v. Engel, et al. 2017 ND 198
Docket No.: 20160391
Filing Date: 8/2/2017
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 30.1-18-14, a person dealing with a personal representative in good faith is protected as if the personal representative properly exercised the personal representative's power.
A person dealing with a personal representative does not receive the protections of N.D.C.C. § 30.1-18-14 unless the person obtains the personal representative's letters of appointment or any other court order giving the personal representative authority to act in this state.
A damage award will be sustained on appeal if it is within the range of the evidence presented to the trier of fact.

Hokanson, et al. v. Zeigler, et al. 2017 ND 197
Docket No.: 20160359
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Kapsner, Carol

Highlight: Under an installment sales contract for patent from the State Board of University and School Lands, the State retains the legal title to the property and holds it in trust for the purchaser and as security for the purchaser's compliance with the contract.
The purchaser of such land holds equitable title until the terms of the installment sales contract have been completed and a patent has been issued, at which time the legal title merges with the equitable title.
Completion of the terms of the installment sales contract for patent perfects title relating back to the date of the contract.

State v. Carson (consolidated w/20160384) 2017 ND 196
Docket No.: 20160383
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 12.1-32-08(1)(a), "directly related" and "direct result" require an immediate and intimate causal connection between the criminal conduct for which the defendant was convicted and the damages or expenses for which restitution is ordered.

State v. Azure 2017 ND 195
Docket No.: 20160402
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: Under North Dakota Rules of Evidence 804, it does not matter that the defendant may have had significantly less incentive to cross-examine the witness at the preliminary examination hearing than at the trial, the testimony is permissible at trial if it meets the requirements under the rule.
If a prior consistent statement is to be admitted under Rule 801(d)(1)(B), the declarant must testify and be subject to cross-examination at the trial or hearing at which it is being offered.

Linstrom, et al. v. Normile 2017 ND 194
Docket No.: 20160394
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A district court has broad discretion on evidentiary matters and its decision to admit or exclude evidence will not be overturned unless it abused its discretion.
Issues not raised before the district court will not be considered for the first time on appeal.

Williams County v. Sorenson, et al. 2017 ND 193
Docket No.: 20160451
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Administrative res judicata is applied more cautiously than judicial res judicata, taking into consideration the subject matter decided by the administrative agency, the purpose of the administrative action, and the reasons for the later proceeding.
On appeal, the party opposing a motion for summary judgment will be given all favorable inferences that may be reasonably drawn from the evidence.