Opinions

Matter of C.S. (CONFIDENTIAL) 2012 ND 94
Docket No.: 20110302
Filing Date: 5/17/2012
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).

Matter of Richardson 2012 ND 93
Docket No.: 20110330
Filing Date: 5/17/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author:

Highlight: Order civilly committing a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. Tollefson (CONSOLIDATED W/ 20120131 & 20120132) 2012 ND 92
Docket No.: 20120130
Filing Date: 5/14/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Come Big or Stay Home, LLC v. EOG Resources, Inc. 2012 ND 91
Docket No.: 20110305
Filing Date: 5/4/2012
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: An agreement may be supplemented by custom or usage, under appropriate circumstances
Pooling and unitization of separately owned tracts do not create a cotenancy between the several leaseholders.
When a claim for conversion and a claim for breach of contract arise under the same facts, tort liability for conversion does not occur unless the conduct that constitutes a breach of contract also gives rise to liability independent of the existence of a contract between the parties.

Pifer v. McDermott 2012 ND 90
Docket No.: 20110287
Filing Date: 5/4/2012
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: A partial judgment that disposes of fewer than all claims against all parties will not be considered on appeal absent N.D.R.Civ.P. 54(b) certification.
On appeal, the appropriateness of N.D.R.Civ.P. 54(b) certification is reviewed.

Raymond J. German, Ltd. v. Brossart 2012 ND 89
Docket No.: 20110338
Filing Date: 5/3/2012
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: When a default judgment, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, is appealed, it is reviewed to determine whether irregularities appear on the face of the judgment.
District courts have broad discretion in the quality of proof necessary for entering a default judgment.
An appearance is any response sufficient to give a plaintiff or his or her attorney notice of an intent to contest the claim.

Lynch v. The New Public School District No. 8 2012 ND 88
Docket No.: 20110109
Filing Date: 5/3/2012
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Although a teacher who does not receive a notice of nonrenewal is entitled to an offer of reemployment under the same terms and conditions as the current contract, the teacher does not have a right to an identical contract with identical duties and assignments as the current year.
A teacher's right to an offer of reemployment is the right to continued employment in the district in a position for which the teacher is qualified, not the right to teach at a particular school or a particular grade level.
A notice of nonrenewal is required when a change in a teacher's assigned curricular duties is coupled with a severe reduction in salary; however, incidental financial or time consequences of a reassignment, including extra travel expenses and travel time, do not trigger the right to a notice of nonrenewal.

Johnson v. WSI, et al. 2012 ND 87
Docket No.: 20110262
Filing Date: 5/3/2012
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: To receive WSI benefits, a claimant must prove, by a preponderance of the evidence, a compensable injury was suffered.
The definition of "compensable injury" excludes preexisting injuries unless the employment substantially accelerated or substantially worsened an injury's severity.
A compensable injury does not exist when a claimant's employment merely triggered symptoms of a preexisting injury.
When an employee cannot be returned to substantial gainful employment under the hierarchy of options in section 65-05.1-01(4), N.D.C.C., but meets the income test under section 65-05.1-01(6)(a)(3), N.D.C.C., the employee has a retained earnings capacity and is entitled to partial disability benefits.

Vining v. Renton 2012 ND 86
Docket No.: 20110233
Filing Date: 5/3/2012
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: When considering modification of primary residential responsibility, a district court must gauge the best interests of the child factors against the backdrop of the stability of the child's relationship with the custodial parent.
Cases that are "close calls" may result in a change of primary residential responsibility when other considerations are weightier than the custodial stability factor.
Although a change of primary residential responsibility is legally permissible without resorting to other remedies, that result should be a rare event rather than the first choice.

Pelzl v. State (cross-reference 20100227) 2012 ND 85
Docket No.: 20110364
Filing Date: 5/3/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Judgment summarily dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).