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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

2661 - 2670 of 12359 results

Hickey v. State 2016 ND 177
Docket No.: 20160109
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC, et al. (consol. 81) 2016 ND 176
Docket No.: 20160080
Filing Date: 9/2/2016
Case Type: Appeal - Civil - Debtor/Creditor
Author: McEvers, Lisa K. Fair

Highlight: A rebuttable presumption of valid service of process arises when a return receipt for certified mail is signed, and the signator, if not the addressee, is presumed to have acted as the agent of the addressee authorized to accept service in the absence of proof to the contrary.
Courts may enter a default judgment and pierce the corporate veil simultaneously based on sufficient allegations contained in the complaint.

Schmidt, et al. v. City of Minot, et al. 2016 ND 175
Docket No.: 20160088
Filing Date: 8/31/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: A district court only has appellate jurisdiction when authorized by statute or rule of the supreme court.
An aggrieved applicant or any officer, department, board, or bureau of a city may appeal a variance decision.

Garcia v. Levi 2016 ND 174
Docket No.: 20160036
Filing Date: 8/31/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A law enforcement officer's approach of a parked vehicle is not a seizure if the officer inquires of the occupant in a conversational manner, does not order the person to do something, and does not demand a response.
Warrantless breath tests are permissible as a search incident to an arrest for driving or being in actual physical control of a motor vehicle while under the influence of alcohol.

City of Grand Forks v. Jacobson 2016 ND 173
Docket No.: 20150326
Filing Date: 8/31/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: When a case is transferred from municipal court, a district court must apply relevant municipal code provisions.

Taszarek, et al. v. Welken, et al. 2016 ND 172
Docket No.: 20150189
Filing Date: 8/30/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Piercing-the-corporate-veil factors include insufficient capitalization, failure to observe corporate formalities, nonpayment of dividends, insolvency at the time of the transaction, siphoning of funds, nonfunctioning of other officers and directors, absence of corporate records, and injustice, inequity or fundamental unfairness.

State v. Shaw 2016 ND 171
Docket No.: 20150190
Filing Date: 8/31/2016
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Before a court permits the introduction of other-bad-acts evidence, it must do an on-the-record weighing of the probative value versus the risk of unfair prejudice.
A court must give a limiting instruction for other-bad-acts evidence, even if it is not requested.

Tangedal, et al. v. Mertens, et al. 2016 ND 170
Docket No.: 20150324
Filing Date: 8/25/2016
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: A political subdivision and its employee have immunity for claims caused by the performance or nonperformance of a public duty within the scope of the employee's employment unless a special relationship is established.
A political subdivision employee may be personally liable for the performance or nonperformance of a public duty if special relationship existd and if the employee's conduct within the scope of employment is reckless or grossly negligent, or willful or wanton misconduct.

Adams v. Adams (cross-reference w/20140259) 2016 ND 169
Docket No.: 20150365
Filing Date: 8/24/2016
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A district court's determination of business profits are a finding of fact subject to the clearly erroneous standard of review.
A party seeking relief from a judgment must do so under N.D.R.Civ.P. 60.

Horob, et al. v. Zavanna, LLC, et al. 2016 ND 168
Docket No.: 20150203
Filing Date: 8/23/2016
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: When the parties have agreed on a specific period for a temporary cessation of oil or gas production, that clause controls over the common-law doctrine of temporary cessation allowing a reasonable time for resumption of production.
The terms of an oil or gas lease may allow the lease to be pooled with other lands or leases.
Unless provided otherwise, a governmental pooling agreement or order does not divide a lease, and production anywhere on the pooled area is considered production on all leases that may be wholly or partly in the pooled area.

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