Opinions

Disciplinary Board v. McDonagh (Consolidated w/ 20120238) 2012 ND 224
Docket No.: 20120237
Filing Date: 10/23/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarment ordered.

Gardner v. N.D. Dep't of Transportation 2012 ND 223
Docket No.: 20120230
Filing Date: 10/23/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Whether an officer failed to give an implied consent advisory is not an issue for the administrative hearing for the suspension of the individual's driver's license.
An individual may be deemed to have refused chemical testing for blood alcohol content when the individual repeatedly refuses to cooperate with police after chemical testing is requested.

Shannon v. Shannon 2012 ND 222
Docket No.: 20110340
Filing Date: 10/23/2012
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A judgment which does not adjudicate all claims of all of the parties is interlocutory and nonappealable unless the district court expressly certifies the judgment is final under N.D.R.Civ.P. 54(b).
A judgment or order that resolves only part of a single claim may not be certified as final under N.D.R.Civ.P. 54(b).

Zaiser v. Jaeger 2012 ND 221
Docket No.: 20120346
Filing Date: 10/23/2012
Case Type: Original Proceeding - Civil - Writ of Prohibition
Author: Kapsner, Carol

Highlight: The Secretary of State may not count elector signatures on initiative petitions accompanied by circulator affidavits that falsely swear each elector signature was executed in circulator's presence and each elector signature is the genuine signature of the individual whose name it purports to be.

Moseng v. Frey, et al. 2012 ND 220
Docket No.: 20120226
Filing Date: 10/23/2012
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: A plaintiff cannot recover damages for emotional distress resulting from an affair between the plaintiff's spouse and a third party.

Wenco v. EOG Resources, Inc., et al. 2012 ND 219
Docket No.: 20120194
Filing Date: 10/23/2012
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: If a mineral owner who owns a mineral interest subject to an outstanding royalty interest executes a mineral deed with a warranty clause to a party conveying mineral acres or interests in oil, gas and other minerals in and under without any reference to the outstanding royalty interest, the retained mineral interest of the mineral owner alone bears the outstanding royalty if the interest is large enough to satisfy the royalty interest.
Decisions are pronounced by a majority of the Supreme Court.
Although the existence or absence of waiver is generally a question of fact, the issue becomes a question of law if reasonable persons could draw only one conclusion from the circumstances.

Evenson v. Evenson (cross reference w/20060148 & 20080112) 2012 ND 218
Docket No.: 20120182
Filing Date: 10/23/2012
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: An order denying a motion to modify spousal support is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Bishop v. WSI, et al. 2012 ND 217
Docket No.: 20120138
Filing Date: 10/23/2012
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: A vocational rehabilitation plan is appropriate if it meets the requirements of N.D.C.C. ch. 65-05.1 and gives the injured worker a reasonable opportunity to obtain substantial gainful employment.
Because the legislature intended for injured workers to be provided with actual rehabilitation with a realistic opportunity to return to work, and not merely a theoretical rehabilitation on paper only, WSI must consider all of the injured worker's functional limitations when determining whether the employment options identified in the rehabilitation plan present a realistic opportunity for substantial gainful employment.

State of N.D., et al. v. N.D. Insurance Reserve Fund 2012 ND 216
Docket No.: 20110368
Filing Date: 10/23/2012
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: The statutory procedure authorizing a proceeding to enforce an administrative subpoena in district court, is a special proceeding, and an order denying an application for enforcement of an administrative subpoena is appealable.
The particular controls general rule of statutory construction applies only when the conflict between two statutory provisions is irreconcilable.
The Department of Human Services was statutorily authorized to issue an administrative subpoena to the North Dakota Insurance Reserve Fund seeking information relevant to child support enforcement.

Corman v. State 2012 ND 215
Docket No.: 20120307
Filing Date: 10/23/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief application summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).