Opinions

Matter of Carter (CONFIDENTIAL) 2014 ND 183
Docket No.: 20140335
Filing Date: 10/2/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer transferred to incapacitated status.

Crocker, et al. v. Morales-Santana, et al. 2014 ND 182
Docket No.: 20140021
Filing Date: 9/29/2014
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: A motor carrier may be vicariously liable for the negligence of its statutory employees.
An employer may be liable for an independent contractor's work if the employer retains control over the independent contractor's work.

Rasnic v. ConocoPhillips Co., et al. 2014 ND 181
Docket No.: 20140032
Filing Date: 9/26/2014
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: A mortgage is a contract and is construed under rules of contract interpretation.
Written contracts are construed to give effect to the parties' mutual intentions when the contract was executed, and the parties' mutual intentions must be ascertained from the writing alone, if possible.

State v. Ostby 2014 ND 180
Docket No.: 20130411
Filing Date: 9/23/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: An order denying a suppression motion is not appealable in itself, but is reviewable in an appeal from the subsequently entered criminal judgment.
Traffic violations, even if pretextual, provide a lawful basis to conduct an investigatory vehicle stop, and evidence discovered during those stops is admissible.
Unless a criminal defendant shows bad faith on the part of law enforcement, failure to preserve potentially useful evidence does not violate the defendant's due process rights.

Golden Eye Resources, LLC v. Ganske, et al. 2014 ND 179
Docket No.: 20130219
Filing Date: 9/23/2014
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: If a party's apparent free consent to a contract has been obtained by fraud, the defrauded party may rescind the contract.
The parol evidence rule does not apply when a party alleges to have been fraudulently induced to enter into a contract, and parol or extrinsic evidence is admissible to prove fraud.
Statements of opinion, sales talk, or puffery do not constitute fraud, but the making of an affirmative statement of fact, known to be untrue, with intent to induce another to enter into a contract is actionable fraud.
The making of a promise with no intention of performing it with intent to induce another to enter into a contract is actual fraud which nullifies free consent to the contract.
Whether a party is entitled to a jury trial in a rescission action depends upon whether it is an action at law or a claim in equity.

Interest of Voisine (cross-ref. w/20090182, 20100163 & 20120325) 2014 ND 178
Docket No.: 20140051
Filing Date: 9/23/2014
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Grzeskowiak (cross reference w/20130396) 2014 ND 177
Docket No.: 20140126
Filing Date: 9/23/2014
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Denial of a motion for an extension of time to file an appeal of a criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Disciplinary Board v. Meidinger 2014 ND 176
Docket No.: 20140131
Filing Date: 9/18/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Western Horizons Living Centers v. Feland, et al. 2014 ND 175
Docket No.: 20140184
Filing Date: 9/2/2014
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: VandeWalle, Gerald

Highlight: The Supreme Court exercises discretionary authority to issue supervisory writs rarely and cautiously to rectify errors and prevent injustice in extraordinary cases in which no adequate alterative remedy exists.
Before compelling discovery, a district court must conduct an in camera review of information which, on its face, raises claims involving lawyer-client privilege or communications during settlement negotiations.

Lindsey v. State 2014 ND 174
Docket No.: 20140036
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: The affirmative defense of laches, when properly raised and supported, presents a question of fact and is inappropriate for a district court to decide on summary judgment.
When a post-conviction relief applicant seeks to withdraw a guilty plea, the district court looks to whether relief is necessary to correct a manifest injustice.