Opinions

Roberts v. N.D. Dep't of Transportation 2015 ND 137
Docket No.: 20140433
Filing Date: 5/27/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Taking the onsite screening test does not preclude revocation of a driver's license for refusal of a chemical blood test.

Ward Farms, et al. v. Enerbase Cooperative Resource, et al. 2015 ND 136
Docket No.: 20140104
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Fraud must be proven by clear and convincing evidence.
Statements of opinion, sales talk, or puffery do not constitute fraud.

Johnson, et al. v. Mid Dakota Clinic, P.C. 2015 ND 135
Docket No.: 20140274
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: A prima facie case of professional negligence requires expert evidence establishing the applicable standard of care, violation of that standard, and a causal relationship between the violation and the harm complained of.
A prima facie case of negligence requires a duty to the plaintiff, the defendant's faillure to discharge that duty, and an injury to the plaintiff proximately caused by the defendant's negligence.

State v. Schmidt 2015 ND 134
Docket No.: 20140272
Filing Date: 5/27/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: An arrest warrant founded on probable cause carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within.

State v. Smith 2015 ND 133
Docket No.: 20140219
Filing Date: 5/27/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: Obvious error will be corrected on appeal only when there is a clear deviation from an applicable legal rule under current law.

State v. Bauer 2015 ND 132
Docket No.: 20140453
Filing Date: 5/27/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A defendant's refusal to expressly consent to chemical testing under N.D.C.C. 39-08-01 is not a violation of the Fifth Amendment protection against self-incrimination, nor contrary the Miranda.

Chegwidden, et al. v. Evenson, et al. 2015 ND 131
Docket No.: 20140340
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Landlord/Tenant
Author: Kapsner, Carol

Highlight: On termination of a lease, a lessor may apply the security deposit, plus accrued interest, towards any unpaid rent.
In a negligence action, the determination of whether a duty exists is generally a preliminary question of fact for the court to decide.
Liability for intentional infliction of emotional distress does not extend to mere indignities, annoyances, petty oppressions, or other trivialities.

Marhula v. Grand Forks Curling Club 2015 ND 130
Docket No.: 20140298
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: The threshold membership requirements do not apply to a member's individual action against a nonprofit corporation claiming he was improperly terminated from membership.

Williams v. Williams 2015 ND 129
Docket No.: 20140313
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: Rehabilitative spousal support is to equalize the burdens of divorce.

Rounkles v. Levi 2015 ND 128
Docket No.: 20140192
Filing Date: 5/27/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: Issues raised in an amended specifications of error filed outside the seven-day period for filing a specifications of error will not be considered.