Opinions

Yahna v. Altru Health System 2015 ND 275
Docket No.: 20150083
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: VandeWalle, Gerald

Highlight: The presumption of at-will employment may be modified by an employment handbook creating contractual rights to employment, or by the statutory proscription against unlawful age discrimination.
A prima facie case of discrimination in the employment context requires a plaintiff to prove membership in a protected class, satisfactory performance of the duties of a job, an adverse employment decision, and others not in the protected class were treated more favorably.
An employment handbook must be read as a whole to determine whether it overcomes the presumption of employment at will.

Rooks v. Robb 2015 ND 274
Docket No.: 20150047
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Debtor/Creditor
Author: Kapsner, Carol

Highlight: Affidavits must be made on personal knowledge and contain more than conclusory statements to raise a genuine issue of material fact.
For summary judgment, when a party has the burden of disputing a factual allegation for which no evidence is obtainable--e.g., the burden of proving something did not happen--the party may show there is a genuine dispute of material fact merely by pointing to the absence of probative evidence.

Williamson v. N.D. Dep't of Transportation 2015 ND 273
Docket No.: 20150179
Filing Date: 12/1/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Foundation for the admission of blood test results may be laid by a designee of the director of the state crime lab who has been authorized to sign and certify records.
Evidence supporting the admission of blood test results includes the director of the state crime laboratory's authorization of a designee to sign and certify records until revoked or terminated, a designee's authorization to appoint inspectors for breath alcohol testing programs, a designee's execution of certification pages for approved lists of chemical test operators and devices, and testimony that the administration of the chemical test was fair.

Huether, et al. v. Nodak Mutual Ins. Co. (cross-reference w/20150029) 2015 ND 272
Docket No.: 20150161
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: Insurance coverage for "direct physical loss or damage" is not ambiguous as a matter of law. A district court does not err in finding the ordinary meaning of the phrase does not include loss-of-use coverage.
The reasonable expectations doctrine is not adopted.

State v. Gackle 2015 ND 271
Docket No.: 20150090
Filing Date: 12/1/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: Section 39-20-07, N.D.C.C., is not the only method for offering blood test results into evidence. Blood test results may also be admitted under normal evidentiary rules.

Weigel v. Weigel 2015 ND 270
Docket No.: 20140412
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In a divorce proceeding, a district court's valuation and distribution of marital property will not be reversed on appeal unless clearly erroneous.
Due process requires notice and a meaningful opportunity for a hearing appropriate to the nature of the case.

Anderson v. Baker, et al. 2015 ND 269
Docket No.: 20150049
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Johnson, et al. v. Buskohl Construction, Inc., et al. 2015 ND 268
Docket No.: 20150006
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: McEvers, Lisa K. Fair

Highlight: If a district court does not make detailed findings when admitting evidence under the residual exception to hearsay, an appellate court may review the record to determine whether the prerequisites to admissibility have been met.
The most important requirement to admit evidence under the residual exception to hearsay is that it possess circumstantial guarantees of trustworthiness equivalent to the next closest hearsay exception.
A party seeking to admit evidence under the residual exception to hearsay must give advance notice of its intent to use the evidence, including providing the name and address of the declarant to the opposing party, before trial.

Guardianship and Conservatorship of M.E. (Confidential) 2015 ND 267
Docket No.: 20150117
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Guardian/Conservator
Author: Kapsner, Carol

Highlight: Substantial compliance with the statute for the appointment of a guardian and conservator is required.
Deprivation of a protected person's rights to vote, to seek to change marital status, to obtain or retain a motor vehicle operator's license, or to testify in any judicial or administrative proceedings must be supported by specific findings.

State v. Moreno 2015 ND 266
Docket No.: 20150158
Filing Date: 12/1/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment for refusal to submit to chemical testing is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).