Opinions

Benz Farm, LLP v. Cavendish Farms, Inc. 2011 ND 184
Docket No.: 20110025
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A provision in a written contract for the sale of goods precluding oral modification or rescission of the parties' agreement is valid and enforceable.
The Unlawful Sales or Advertising Practices Act prohibits deceptive and fraudulent conduct by the seller of merchandise; it does not apply to, or create a cause of action against, a purchaser of merchandise.
When leave to amend the complaint is sought after discovery has closed and the opposing party has made a motion for summary judgment, the proposed amendment must be not only theoretically viable but also solidly grounded in the record, and the amendment is classified as futile unless its allegations are supported by substantial evidence.

Bornsen, et al. v. Pragotrade, LLC, et al. 2011 ND 183
Docket No.: 20110087
Filing Date: 9/15/2011
Case Type: Certified Question - Civil - Civil
Author: Crothers, Daniel John

Highlight: North Dakota does not apply the "apparent manufacturer" doctrine in products liability cases.

State v. Deviley (consolidated w/20100326) 2011 ND 182
Docket No.: 20100289
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Investigative detention may continue as long as reasonably necessary to conduct duties resulting from a traffic stop and to issue a warning or citation.
The existence of reasonable suspicion is assessed by taking into account the inferences and deductions that an investigating officer would make that may elude a layperson.

Holbach v. State 2011 ND 181
Docket No.: 20110026
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Nadeau v. State 2011 ND 180
Docket No.: 20110057
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Moore v. State 2011 ND 179
Docket No.: 20110052
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

State v. Jackson 2011 ND 178
Docket No.: 20110063
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found the defendant guilty of driving while license suspended is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Johnson 2011 ND 177
Docket No.: 20110011
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found the defendant guilty of disobedience of a judicial order is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Industrial Contractors, Inc. v. Workforce Safety & Insurance, et al. 2011 ND 176
Docket No.: 20110135
Filing Date: 9/15/2011
Case Type: Appeal - Administrative - Workers Compensation
Author:

Highlight: A district court judgment dismissing employer's appeal of a Workforce Safety & Insurance order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Curtiss 2011 ND 175
Docket No.: 20110062
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition summarily affirmed under N.D.R.App.P. 35.1(a)(4).