Opinions

Everett v. State (cross-reference 20080063 and 20090244) 2010 ND 226
Docket No.: 20100222
Filing Date: 12/2/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Schmidt v. Warwick Public School District #29, et al. 2010 ND 225
Docket No.: 20100129
Filing Date: 12/2/2010
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Judgment of dismissal in a wrongful termination case is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (6).

State v. Delaney 2010 ND 224
Docket No.: 20100160
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Blurton v. State 2010 ND 223
Docket No.: 20100182
Filing Date: 12/2/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6).

State v. Berglund 2010 ND 222
Docket No.: 20100186
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction for a second or subsequent violation of a domestic violence protection order summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Missouri Breaks, et al. v. Burns, et al. 2010 ND 221
Docket No.: 20100124
Filing Date: 11/16/2010
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A bankruptcy court's confirmation of a reorganization plan is binding on the debtor and any creditor, and, for purposes of res judicata, confirmation is a valid, final judgment by a court of competent jurisdiction.
The Bankruptcy Code vests the trustee with the rights of a bona fide purchaser of real property for value and permits the invalidation of security interests in real property which, although enforceable between the parties, are not perfected at the start of the case because the creditor has failed to fully comply with state recording laws.

Markwed Excavating, Inc. v. City of Mandan 2010 ND 220
Docket No.: 20100076
Filing Date: 11/15/2010
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A clause in a construction contract prohibiting a contractor from recovering damages for delay and granting an extension of time is enforceable if the requirements for a valid contract are satisfied.
Unambiguous language in a no damages for delay clause in a construction contract does not include an exception for uncontemplated delays and includes delays allegedly caused by an owner or another contractor.
A no damages for delay clause in a contract between a public entity and a private contractor is not unconscionable.

Wong v. State 2010 ND 219
Docket No.: 20100171
Filing Date: 11/9/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: A district court cannot on its own put an applicant for post-conviction relief to his proof. Only a party can move for summary disposition under post-conviction relief.

Sanders v. Gravel Products, Inc. (cross-ref w/ 20080001) 2010 ND 218
Docket No.: 20090318
Filing Date: 11/9/2010
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Federal and state courts have concurrent jurisdiction over participant or beneficiary suits to recover benefits under an ERISA plan, to enforce rights under the plan, or to clarify rights to future benefits.
"Top hat" plans are not subject to ERISA's requirements for vesting and funding, and administrators of these plans are not subject to ERISA's fiduciary requirements.
A court must interpret a plan's terms by giving the language its common and ordinary meaning as a reasonable person in the position of the plan participant would have understood the words to mean.

State v. Hager 2010 ND 217
Docket No.: 20100090
Filing Date: 11/9/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: Federal securities laws do not preempt state securities laws that require registration of individuals involved in the sale of securities.
The definition of agent for purposes of the North Dakota Securities Act is not limited to third-party individuals who are not employees or owners of the securities issuer.