Opinions

Limberg v. Sanford Medical Center Fargo, et al. 2016 ND 140
Docket No.: 20150348
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: The purpose of a motion for dismissal for failure to state a claim upon which relief can be granted is to test the legal sufficiency of the statement of the claim presented in the complaint.
A complaint should not be dismissed for failure to state a claim upon which relief can be granted unless it appears beyond doubt the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
When the pricing term in a contract is fixed and can be determined from the language of the contract, the contract is not silent or open concerning price and there is no need to judicially impute a fair and reasonable price term.

Viscito, et al. v. Christianson, et al. (cross-ref. w/20140252) 2016 ND 139
Docket No.: 20150285
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: The "law of the case" doctrine is the principle that when an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question decided by the appellate court will not be decided differently on a subsequent appeal in the same case where the facts remain the same.
The mandate rule requires the district court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry out the appellate court's mandate.

Bartholomay v. Plains Grain & Agronomy, LLC 2016 ND 138
Docket No.: 20160030
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Generally, when an employer complies with the workers compensation statutes, the employee's exclusive remedy against the employer is limited to recovery under the workers compensation statutes.
The sole exception to employer immunity from civil liability under the workers compensation laws requires both that the employer engage in an "intentional act" and that the employer have a "conscious purpose of inflicting the injury."

Riemers v. Hill, et al. (cross-ref 20130407) 2016 ND 137
Docket No.: 20150276
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Landlord/Tenant
Author: VandeWalle, Gerald

Highlight: A court has inherent power to sanction a litigant for misconduct, and sanctions may include award of attorney fees.
An abuse of process occurs when a person misuses a legal process against another primarily to accomplish a purpose for which the process was not designed.

Interest of G.A.S. (CONFIDENTIAL) 2016 ND 136
Docket No.: 20160212
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: A request to treat a patient with prescribed medication requires two signatures, one from the patient's treating psychiatrist and one from another medical professional not involved in the patient's current diagnosis or treatment.
A medical professional certifying a request to treat with medication is not prohibited from later becoming involved in the patient's treatment.

State v. Putney (cross-reference w/20150237) 2016 ND 135
Docket No.: 20160033
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Assault
Author: Kapsner, Carol

Highlight: A restitution order is reviewed under the abuse of discretion standard.

Zajac v. Traill County Water Resource District 2016 ND 134
Docket No.: 20160028
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: An appeal from a decision by a local governing body must be filed with the district court within thirty days of the decision.

State v. Baker 2016 ND 133
Docket No.: 20150307
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: An indigent defendant facing a felony charge is entitled to have counsel provided at public expense to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.
Before defendants will be allowed to represent themselves in legal proceedings, they must voluntarily, knowingly, and intelligently relinquish the benefits of counsel.

State v. Clayton 2016 ND 131
Docket No.: 20150357
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: Restitution is limited to those damages directly related to, and resulting from, the defendant's criminal action.
Whether there is a direct relationship between a defendant's criminal action and an injury is a question of fact subject to the clearly erroneous standard of review.
A district court is not required to accept uncontradicted testimony as fact.

State v. Carlson 2016 ND 130
Docket No.: 20150338
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A charging information may be amended at any time before the verdict or finding unless an additional or different offense is charged or a substantial right of the defendant is prejudiced.
A curative instruction is generally sufficient to remove prejudice caused by improper evidence or testimony.
Erroneously admitted evidence that is cumulative to other properly admitted evidence is not prejudicial and is harmless error.