Opinions

Matthew Larson Trust Agreement 2013 ND 85
Docket No.: 20120319
Filing Date: 5/28/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A trust may be reformed when there is clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
A mistake in the inducement occurs when the terms of the trust accurately reflect what the settlor intended to be included or excluded but this intention was based on a mistake of fact or law.

Disciplinary Board v. Triplett 2013 ND 84
Docket No.: 20130005
Filing Date: 5/23/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Olson, et al. v. Estate of Rustad 2013 ND 83
Docket No.: 20120318
Filing Date: 5/20/2013
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: A wrongful death action accrues at the time of the death of the party injured while a survival action accrues at the time the deceased was first injured.
A wrongful death action and a survival action which sound in tort are claims subject to the nonclaim provisions of the Probate Code.
A personal representative need not give actual notice by mail of the notice to creditors to those with mere conjectural claims.
The Probate Code nonclaim statute does not divest a court of jurisdiction over untimely filed claims.
A nonclaim statute, by definition, is a law that sets a time limit for creditors to bring claims against a decedent's estate, and unlike a statute of limitations, a nonclaim statute is usually not subject to tolling and is not waivable.
The nonclaim statute under the Probate Code cannot be tolled during a person's minority.
Interpretation of an insurance contract is a question of law fully reviewable on appeal, and the Supreme Court independently examines and construes the insurance contract to determine coverage.

Chambering of Judgeship No. 10 in the Northwest Judicial District 2013 ND 82
Docket No.: 20130134
Filing Date: 5/17/2013
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: New judgeship to be chambered in Williston.

Chambering of Judgeship No. 9 in the East Central Judicial District 2013 ND 81
Docket No.: 20130132
Filing Date: 5/16/2013
Case Type: Judicial Administration - Rule - Rule
Author: Not Available

Highlight: New judgeship to be chambered in Fargo.

Maddock, et al. v. Andersen, et al. 2013 ND 80
Docket No.: 20120271
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: Violation of the reasonable use rule cannot be established where the source of surface water drainage cannot be conclusively shown.

State v. Estrada 2013 ND 79
Docket No.: 20120270
Filing Date: 5/14/2013
Case Type: Appeal - Criminal - Assault
Author: Sandstrom, Dale

Highlight: A modified self-defense jury instruction if, when considered with all jury instructions given as a whole, adequately informs the jury of the applicable law is not obvious error.

Johnson v. Bronson, et al. 2013 ND 78
Docket No.: 20120239
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Malpractice
Author: Kapsner, Carol

Highlight: A prima facie case of medical 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.
The elements of a legal malpractice action against an attorney for professional negligence are [1] the existence of an attorney-client relationship, [2] a duty by the attorney to the client, [3] a breach of that duty by the attorney, and [4] damages to the client proximately caused by the breach of that duty.
Generally, expert testimony is necessary to establish the professional's standard of care (duty) and whether the professional's conduct in a particular case deviated from that standard of care (breach of duty).
The untimely submission of additional evidence to support a N.D.R.Civ.P. 60(b) motion does not create exceptional circumstances justifying relief.

State v. Romero 2013 ND 77
Docket No.: 20110337
Filing Date: 5/14/2013
Case Type: Appeal - Criminal - Homicide
Author: Sandstrom, Dale

Highlight: Allowing the jury to view the scene of a charged offense rests in the trial court's sound discretion.
A motion for judgment of acquittal must be denied if, upon reviewing the evidence most favorable to the prosecution, there is substantial evidence upon which a reasonable mind could find guilt beyond a reasonable doubt.

Bachmeier v. Bachmeier 2013 ND 76
Docket No.: 20120358
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: An otherwise valid parenting plan that was attached to the judgment will not be invalidated because the district court did not recite formulaic words of incorporation.
A court order must be sufficiently clear, specific, and unambiguous to hold a person in contempt for violating it.