Opinions

Nygaard v. Taylor (consolidated w/ 20170017) 2017 ND 206
Docket No.: 20170016
Filing Date: 8/29/2017
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The Supreme Court may exercise supervisory jurisdiction when issues of vital concern regarding matters of important public interest are presented.
A contemnor may not be imprisoned for more than six months as a remedial sanction unless the district court expressly finds that the six-month statutory limitation would be ineffectual to terminate a continuing contempt.

State v. Majetic 2017 ND 205
Docket No.: 20160385
Filing Date: 8/29/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Under the obvious error rule in criminal proceedings, an appellate court may not notice a claimed error that was not brought to the attention of a trial court unless there is error that is plain and affects a defendant's substantial rights.
For a claimed error to be obvious error, there must be a clear deviation from an applicable legal rule under current law.

Kramlich, et al. v. Hale, et al. 2017 ND 204
Docket No.: 20160386
Filing Date: 8/29/2017
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A broadly-worded agreement in one contract can require arbitration of disputes arising under related contracts.
To determine whether an arbitration provision in one agreement should be applied to other agreements, in addition to the relationship between two or more agreements and their subject matter, courts consider whether the parties to the separate agreements are identical, whether the underlying agreements were executed closely in time, and the breadth of the language used in the arbitration clause.
The question whether a particular dispute is arbitrable usually is for judicial determination unless the parties agree otherwise.
A party may waive the jury trial right by signing an agreement to arbitrate or by binding itself to arbitration as a nonsignatory through traditional principles of contract or agency law.

State v. Pulkrabek 2017 ND 203
Docket No.: 20160332
Filing Date: 8/17/2017
Case Type: Appeal - Criminal - Theft
Author: VandeWalle, Gerald

Highlight: The different subsections of the theft statute, N.D.C.C. § 12.1-23-02, are alternative means of committing the crime of theft and are not separate, independent, offenses.
A jury is not required to unanimously agree upon which action the defendant committed under the subsections of § 12.1.-23-02.

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.