Opinions

Interest of D.H. (CONFIDENTIAL) 2010 ND 103
Docket No.: 20100109
Filing Date: 6/10/2010
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: Parental rights may be terminated when a child is deprived, and the court finds (1) that the conditions and causes of the deprivation are likely to continue, and (2) that such continued deprivation will probably cause the child to suffer serious physical, mental, moral, or emotional harm.

M.M., et al. v. Fargo Public School Dist. #1, et al. 2010 ND 102
Docket No.: 20090121
Filing Date: 6/10/2010
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: The recreational use immunity statutes do not bar suits against school districts brought by students injured on school grounds during the school day.
A person can "suggest" without making a statement.
A district court is not required to instruct the jury in the exact language sought by a party if the court's instructions correctly and adequately inform the jury of the applicable law.

State ex. rel. Schlect v. Wolff 2010 ND 101
Docket No.: 20100034
Filing Date: 6/10/2010
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: An appellate court will not engage in unassisted searches through parties' briefs for a rationale supporting a court's decision.
A district court must provide an explanation of its decision sufficient to inform the parties and allow a proper review of its decision.

Paulson v. Paulson 2010 ND 100
Docket No.: 20090225
Filing Date: 6/10/2010
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: Because a discretionary trust interest is an expectancy that gave no assurance of any future benefit, the trial court did not err in excluding the trust from the marital estate.
The trial court may consider how long the parties have lived together and then marry in its spousal support determination.

Dutton v. Workforce Safety & Insurance 2010 ND 99
Docket No.: 20090177
Filing Date: 6/10/2010
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: A permanent partial impairment evaluation must be conducted by an independent, unbiased physician.
In determining whether a claimant is entitled to attorney fees and costs under N.D.C.C. 28-32-50(1), an administrative agency's position is substantially justified if a reasonable person could think the position is correct and the position has a reasonable basis in law and fact.

Matter of Midgett (Cross-Ref w/20080255 & 20070109) 2010 ND 98
Docket No.: 20090253
Filing Date: 6/10/2010
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: Where the district court makes sufficiently detailed findings of fact, supported by the record, on whether a committed individual has serious difficulty controlling his behavior, the reviewing court will not reverse on that issue.

City of Fargo v. Knodle 2010 ND 97
Docket No.: 20100004
Filing Date: 6/10/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Judgment entered after defendant was found guilty of driving while under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Disciplinary Board v. Wolff (Interim Suspension) 2010 ND 96
Docket No.: 20100150
Filing Date: 6/7/2010
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Botner v. Bismarck Parks, et al. 2010 ND 95
Docket No.: 20090337
Filing Date: 5/18/2010
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: Whether the district court properly granted summary judgment is a question of law reviewed de novo on the entire record.
Under premises liability law, a landowner owes a general duty to lawful entrants to maintain their property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to another, the seriousness of the injury, and the burden of avoiding the risk.
A public swimming pool owner owes a general duty to supervise swimmers.

Sonnenberg v. Sonnenberg 2010 ND 94
Docket No.: 20090353
Filing Date: 5/17/2010
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: When an obligor owes a duty of support to at least one obligee, as well as a duty of support to a child living with the obligor who is not also a child of that obligee, the child support guidelines require that the district court make an allowance for the child living with the obligor.
When calculating an obligor's annual gross income, the district court must use the obligor's previous year's tax return unless the court makes a specific finding that the income reflected on the tax return is not a reliable indicator of future income.
The district court should generally make a modification of child support effective from the date of the motion to modify, although the court retains discretion to set some later effective date, so long as its reasons for doing so are clear or explained.
The district court may retroactively modify a child support obligation when both parties agree to a change in primary residential responsibility and the obligor moves for relief from the judgment under N.D.R.Civ.P. 60(b)(vi).