Opinions

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.

Interest of S.R.B. (Confidential) 2013 ND 75
Docket No.: 20130112
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: In an expedited appeal taken from an order for hospitalization and treatment, a trial court must make findings of fact specially under N.D.R.Civ.P. 52(a) as to whether the respondent is a person requiring treatment and hospitalization is the least restrictive treatment.
A mental health patient has the right to notice and a hearing prior to the trial court's issuing an order requiring the use of prescribed medication.

City of Grafton v. Wosick 2013 ND 74
Docket No.: 20120360
Filing Date: 5/14/2013
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: No obvious error is shown when the defendant anticipated the charge and prepared for trial accordingly.
The purpose of N.D.R.Ev. 707(a) is to ensure a defendant has an opportunity to object and confront witnesses.
A party failing to object to admission of evidence when offered may not challenge its admission on appeal.

Northern Oil & Gas, Inc. v. Creighton, et al. 2013 ND 73
Docket No.: 20120420
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Deciding an issue on a motion for summary judgment is not appropriate if there are disputed factual issues or if reasonable differences of opinion exist as to the inferences to be drawn from the undisputed facts.
Reformation of a contract is not permitted if it cannot be done without prejudice to the rights acquired by a third person in good faith and for value.
A good-faith purchaser must acquire rights without actual or constructive notice of another's rights.

Gadeco v. Industrial Commission, et al. (cross-ref. w/20110131 & 20110140) 2013 ND 72
Docket No.: 20120344
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: The Industrial Commission has discretion to evaluate compliance with the requirements for an invitation to participate in the costs of drilling a well.
An election to participate in the costs of drilling a well must be received by the owner giving the invitation to participate within 30 days of the participating party's receipt of the invitation.

Dieterle v. Dieterle 2013 ND 71
Docket No.: 20120329
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court need not make separate findings of fact for each of the best-interest factors, a court's findings regarding one factor may be applicable to another factor, and a court need not consider irrelevant factors in its decision on primary residential responsibility for a child.
Allowing neutral individuals to resolve disputes between the parties, so long as access by the parties to the district court is allowed for ultimate resolution of the dispute, is not an improper delegation of judicial power.
Adverse rulings alone are not evidence of judicial bias or partiality.
Appellate briefs must contain references to the evidentiary record supporting statements of disputed facts.