Opinions

Welch v. WSI, et al. 2017 ND 210
Docket No.: 20160316
Filing Date: 8/29/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: In an administrative appeal, the Court determines only whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence from the entire record.
To trigger the civil penalties for making a false statement in connection with a claim for WSI benefits, WSI must prove: (1) there is a false claim or statement; (2) the false claim or statement is willfully made; and (3) the false claim or statement is made in connection with any claim or application for benefits.
For purposes of the statute's civil penalties, "willfully" means conduct engaged in intentionally and not inadvertently, but does not require an intent to defraud.

State v. Newark 2017 ND 209
Docket No.: 20160360
Filing Date: 8/29/2017
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: A district court's decision whether to grant a motion for continuance will not be set aside on appeal absent an abuse of discretion.
The district court has broad discretion to control the introduction of evidence at trial.

Interest of M.S. (CONFIDENTIAL) (cross-reference w/20140304, 20140435 & 2016023 2017 ND 208
Docket No.: 20170280
Filing Date: 8/29/2017
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is not valid in a mental health proceeding if the judge sought to be disqualified has already ruled on any matter pertaining to the proceeding.

State v. Helm 2017 ND 207
Docket No.: 20170036
Filing Date: 8/29/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: A warrantless urine test may not be administered as a search incident to a lawful arrest for driving while impaired, and a driver may not be prosecuted for refusing a warrantless urine test incident to arrest.

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.