Opinions

Erickson, et al. v. Brown, et al. 2012 ND 43
Docket No.: 20110144
Filing Date: 2/27/2012
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: District court findings of fact are adequate under N.D.R.Civ.P. 52(a) if they provide an understanding of the district court's factual basis used in reaching its decision.
A district court is not required to reject all testimony from a witness who provides an intentionally false statement if the factual basis for the non-false testimony is corroborated by other evidence.

Hangsleben v. Halverson, et al. 2012 ND 42
Docket No.: 20110211
Filing Date: 2/23/2012
Case Type: Appeal - Civil - Malpractice
Author: Per Curiam

Highlight: Appeal from judgment dismissing wrongful death and survivor claims summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

Troxel v. N.D. Dept. of Transportation, et al. 2012 ND 41
Docket No.: 20110295
Filing Date: 2/22/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a North Dakota Department of Transportation decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Estate of Paulson (Cross-reference w/20100078) 2012 ND 40
Docket No.: 20110154
Filing Date: 2/21/2012
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: Conditions in a will are disfavored, and no presumptions will be made to create a condition.
A devise will not fail simply because a testator describes a relationship with a devisee that does not exist.
If a will is unambiguous, the testator's intent must be determined from the four corners of the will itself and not from extrinsic evidence.

Baesler v. N.D. Dep't of Transportation 2012 ND 39
Docket No.: 20110202
Filing Date: 2/17/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: The Department of Transportation's authority to suspend driving privileges is governed by statute, and the Department must meet basic and mandatory special provisions to have authority to suspend driving privileges.
The Department of Transportation lacked authority to suspend driving privileges when the Department failed to certify a record on appeal to the district court and nothing established the Department's authority.

Interest of T.H. (CONFIDENTIAL)(cross reference with 20120168) 2012 ND 38
Docket No.: 20110084
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Juvenile Law
Author: Sandstrom, Dale

Highlight: A party's right to object to the court's jurisdiction over the person is waived if the party makes a voluntary appearance and fails to object to the court's assertion of personal jurisdiction.
Section 27-20-36, N.D.C.C., does not limit the total length of time a child may be placed in a foster home in deprivation proceedings.
Parental cooperation with social services is pertinent in deciding whether a child continues to be deprived and whether the deprivation will continue.

Rickert v. Dakota Sanitation Plus, et al. (Cross-reference w/20100367) 2012 ND 37
Docket No.: 20110158
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Corporations
Author: Kapsner, Carol

Highlight: For partial performance rto emove an unwritten agreement from the statute of frauds, the part performance must be consistent only with the existence of the alleged oral contract.
Unlike Fed.R.Civ.P. 26(a)(2)(A), which requires automatic disclosure of an expert witness's report, N.D.R.Civ.P. 26(b)(4) requires that the opposing party specifically request disclosure of the facts and opinions to which the expert will testify and the grounds for each opinion.
The intent of the dissenting shareholder provisions in N.D.C.C. ch. 10-19.1 is to provide the fair value of shares to a dissenting shareholder as it existed immediately before the triggering event, and changes in economic circumstances occurring after the triggering event which affect the value of the shares are irrelevant.

Osaba v. N.D. Dept. of Transportation 2012 ND 36
Docket No.: 20110297
Filing Date: 2/17/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Observations made by one officer may be communicated to a second officer who, after observing additional conduct, can combine the communicated observations with his own to establish probable cause for an arrest.

Frison v. Ohlhauser 2012 ND 35
Docket No.: 20110224
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The party seeking to modify custody has the burden of proving a material change in circumstances and modification is necessary to serve the best interests of the child.
If a district court finds no material change in circumstances, the court need not consider whether a change in primary residential responsibility is necessary to serve the child's best interests.

Langowski v. Altendorf 2012 ND 34
Docket No.: 20110184
Filing Date: 2/17/2012
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: When calculating a statute of limitations beginning date under N.D.R.Civ.P. 6(a), the date of injury accrual is excluded and the next day begins the countdown.
When calculating a statute of limitations ending date under N.D.R.Civ.P. 6(a), the last day of the period is included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
Service under N.D.R.Civ.P. 4(d)(2)(A)(v) is complete at the time of actual delivery or refusal of that delivery and not when a summons is placed in the mail.