Opinions

WSI v. Larry's On Site Welding, et al. 2014 ND 81
Docket No.: 20130292
Filing Date: 4/29/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Whether a worker is an independent contractor or an employee is a mixed question of fact and law.
The common law test for whether an individual is an employee or independent contractor focuses on the employer's right to direct and control the means and manner of performing the work.
Whether an employer has retained the right to direct and control the services performed by workers is a finding of fact.

Riemers v. Hill, et al. 2014 ND 80
Docket No.: 20130407
Filing Date: 4/29/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: VandeWalle, Gerald

Highlight: Unless certified as final under N.D.R.Civ.P. 54(b), a judgment which leaves a counterclaim undecided is not final or appealable.
A judgment dismissing an action without prejudice is ordinarily not appealable.

Whedbee v. WSI, et al. 2014 ND 79
Docket No.: 20130391
Filing Date: 4/29/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: A managed care program for an employee with a compensable injury should effect the best medical solution for the injured employee in a cost-effective manner.
Awarding one treatment instead of another does not result in a termination of benefits or violate a protectable property interest.

Palmer v. State 2014 ND 78
Docket No.: 20140002
Filing Date: 4/29/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court order summarily dismissing application for post-conviction relief summarily affirmed under N.D.R.Civ.P. 35.1(a)(4) and (6).

Vacancy in Judgeship No. 2, SEJD 2014 ND 77
Docket No.: 20140077
Filing Date: 4/17/2014
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Valley City.

Heidt v. Heidt 2014 ND 76
Docket No.: 20130371
Filing Date: 4/16/2014
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Amended divorce judgment denying spousal support summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Thrasher 2014 ND 75
Docket No.: 20130285
Filing Date: 4/14/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Knorr, et al. v. Norberg, et al. 2014 ND 74
Docket No.: 20130084
Filing Date: 4/9/2014
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A long-term lease with an option to purchase real property ordinarily requires a signed written agreement.
To take a contract out of the statute of frauds, the party seeking to enforce the oral contract must establish part performance that is consistent only with the existence of the alleged oral contract.
Promissory estoppel and constructive trust involve questions of fact subject to the clearly erroneous standard of review.

Matter of D.J.D. (CONFIDENTIAL) 2014 ND 73
Docket No.: 20140076
Filing Date: 4/9/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order terminating parental rights and granting petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Finstad, et al. v. Gord, et al. 2014 ND 72
Docket No.: 20130342
Filing Date: 4/8/2014
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Extrinsic evidence is inadmissible to vary the terms of an unambiguous quitclaim deed which has been delivered and recorded.
When a party has no interest in a parcel of land, that party does not have standing to challenge the validity of another party's title to the land.