Opinions

Disciplinary Board v. McDonagh (Cross-ref. w/ 20110167,20120237 & 20120238) 2013 ND 20
Docket No.: 20120445
Filing Date: 2/13/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer discipline ordered.

Reciprocal Discipline of Kleinsmith 2013 ND 19
Docket No.: 20130019
Filing Date: 2/12/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimand and probation ordered.

Reciprocal Discipline of Kitchen 2013 ND 18
Docket No.: 20130018
Filing Date: 2/13/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

A.G. Golden, et al. v. SM Energy Company 2013 ND 17
Docket No.: 20120265
Filing Date: 2/1/2013
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: An area of mutual interest clause is not a covenant that runs with the land, but is a personal covenant that is enforceable only between the original parties to the agreement.
An assignment is an expression of intention by the assignor that his duty shall immediately pass to the assignee, and the benefitted party's consent to the transfer can be manifested either expressly or by implication.
An assignee is responsible only for the obligations of the assignor which the assignee contracts to undertake.
A district court cannot grant relief on the basis of issues that are neither pleaded nor voluntarily litigated.
A well operator is not automatically insulated from liability for underpayment of royalties simply because the incorrect payments were made in accordance with an executed division order.

Capps, et al. v. Weflen, et al. 2013 ND 16
Docket No.: 20120184
Filing Date: 1/29/2013
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Certification under N.D.R.Civ.P. 54(b) should not be routinely granted and is reserved for cases involving unusual circumstances where failure to allow an immediate appeal would create a demonstrated prejudice or hardship.

Dakota Heritage Bank v. Pankonin, et al. 2013 ND 15
Docket No.: 20120335
Filing Date: 1/28/2013
Case Type: Appeal - Civil - Foreclosure
Author: Per Curiam

Highlight: District court order denying a motion for relief from summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Riedlinger, et al. v. Steam Brothers, Inc. 2013 ND 14
Docket No.: 20120111
Filing Date: 1/28/2013
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A contract is ambiguous if rational arguments can be made for different interpretations of the contract.
If a contract is ambiguous, extrinsic evidence may be considered to determine the parties' intent, and the terms of the contract and the parties' intent become questions of fact.

Investors Title Ins. Co. v. Herzig, et al. (Cons. w/20120214) 2013 ND 13
Docket No.: 20120213
Filing Date: 1/23/2013
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The district court is required to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.

Sateren v. Sateren 2013 ND 12
Docket No.: 20120192
Filing Date: 1/23/2013
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: Generally, individuals that unconditionally, voluntarily, and consciously accept a substantial benefit from a divorce judgment waive the right to appeal the judgment.
The appellate court must be able to understand the basis for the district court's decision.
Violations of interim provisions affecting marital property before entry of final judgments in divorce cases are not condoned.

Interest of J.M. (CONFIDENTIAL) 2013 ND 11
Docket No.: 20120253
Filing Date: 1/23/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: A district court has broad discretion in deciding whether a proffered expert witness's testimony will assist the trier of fact and in evaluating whether there is an adequate factual basis for the expert's opinion.