Opinions

Jodoin v. Levi 2015 ND 291
Docket No.: 20150185
Filing Date: 12/22/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Johnson v. State 2015 ND 290
Docket No.: 20150209
Filing Date: 12/22/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Disciplinary Board v. Ward 2015 ND 289
Docket No.: 20150309
Filing Date: 12/11/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Disciplinary Board v. Varriano 2015 ND 288
Docket No.: 20150342
Filing Date: 12/11/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstatement ordered.

Fleck, et al. v. Missouri River Royalty Corp., et al. 2015 ND 287
Docket No.: 20150106
Filing Date: 12/7/2015
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: The term "production" as used in a "so long thereafter" clause and any related savings clause extending an oil and gas lease generally will be interpreted to mean "production in paying quantities."
To determine whether a well is producing in paying quantities, a court must consider whether the well has yielded a profit over the operating costs over a reasonable period of time and whether a reasonably prudent operator would continue to operate a well in the manner in which the well was operated under all of the relevant circumstances.

Disciplinary Board v. Huisman 2015 ND 286
Docket No.: 20150281
Filing Date: 12/7/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Blume Construction, Inc. v. State 2015 ND 285
Docket No.: 20150103
Filing Date: 12/7/2015
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: McEvers, Lisa K. Fair

Highlight: A corporation may not be represented by a non-attorney agent in a legal proceeding, and any legal documents signed and filed by a corporation's non-attorney agent are void.
A request for an appeal from an administrative agency's initial determination, made on behalf of a corporate entity, is not conduct that can be performed by a non-lawyer.
Pro hac vice admission is required for nonresident attorneys who engage in the practice of law by signing pleadings and appearing in an action filed in an administrative agency.
A party asserting an equitable estoppel claim has the burden of proving every element of the claim.

Knorr v. Norberg (cross ref. 20130084) 2015 ND 284
Docket No.: 20150107
Filing Date: 12/7/2015
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: A long-term lease with an option to purchase real property ordinarily requires a signed written agreement.
Promissory estoppel provides for the enforceability of an otherwise void or legally unenforceable agreement when one of the parties has acted to his or her detriment because of a representation or promise made by the other party as to future events.
Before promissory estoppel may be invoked to enforce an agreement or to award damages, the terms of the promise must be clear, definite, and unambiguous.

State v. Hennings 2015 ND 283
Docket No.: 20150096
Filing Date: 12/2/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: The law is violated when a defendant, under the influence of alcohol, is able to direct the movement of a vehicle in an area to which the public has a right of access for vehicular use.

Disciplinary Board v. Johnston 2015 ND 282
Docket No.: 20150048
Filing Date: 12/1/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A law firm employing a paralegal who formerly was employed by another firm may continue representing clients whose interests conflict with the interests of clients of the former employer on whose matters the paralegal worked, as long as the employing firm screens the nonlawyer from information about or participating in matters involving those clients.