Opinions

Workforce Safety & Insurance v. Auck 2010 ND 126
Docket No.: 20090223
Filing Date: 7/2/2010
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: In an administrative agency case, the factual findings from a final decision by an independent administrative law judge are reviewed under the same standard of review used for agency decisions. The legal conclusions from a final decision by an independent administrative law judge are not entitled to similar deference and are reviewed in the same manner as legal conclusions generally.
Where a reasoning mind reasonably could have determined the weight of the evidence from the record supported the finding that a heart attack resulting in death was caused by unusual stress resulting from an employee's employment with reasonable medical certainty and that the unusual stress was at least fifty percent of the cause of the heart attack as compared with all other contributing causes combined, the reviewing court will affirm.

Lenton v. Lenton 2010 ND 125
Docket No.: 20090294
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: When a finding of domestic violence is based solely on fear of physical harm, the fear must be of imminent physical harm.
A finding of domestic violence may be based on actual harm, or the infliction of fear of imminent harm, or both, but may not be based solely on the infliction of fear of actual harm that may occur at some indefinite time in the future.

American Bank Center v. Schuh, et al. 2010 ND 124
Docket No.: 20090367
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Foreclosure
Author: Crothers, Daniel John

Highlight: A party seeking relief from a default judgment under N.D.R.Civ.P. 60(b)(i) must make some showing of why he was justified in failing to avoid mistake or inadvertence.

State v. Bernsdorf 2010 ND 123
Docket No.: 20100017
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: The State cannot appeal a judgment of acquittal.

Aurora Medical Park v. Kidney & Hypertension Center 2010 ND 122
Docket No.: 20090331
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: In an eviction action the right to the possession of the real estate is the only fact that can be rightfully litigated unless damages or rent is claimed.
It is for the legislature to weigh conflicting public policy arguments and to enact accordingly.

State v. Wanner 2010 ND 121
Docket No.: 20090280
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: The purpose of sequestration is to prevent one witness's testimony from influencing another.
If the objecting party clearly shows by offer of proof or other appropriate means, a witness's testimony would be influenced by prior testimony the witness heard in violation of a sequestration order, it would be an abuse of discretion for the court to allow the witness to testify.

State v. Mohl 2010 ND 120
Docket No.: 20100009
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Maring, Mary

Highlight: An officer observing a vehicle touch the fog line approximately sixteen times and the center line approximately eight times in three miles has reasonable suspicion to stop the vehicle.

Brummund v. Brummund (Cross Ref w/ 20080170) 2010 ND 119
Docket No.: 20090219
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: Under the Uniform Premarital Agreement Act, prospective spouses may contract with respect to their rights in the property of either or both of them whenever and wherever acquired, and may specify the disposition of property upon divorce.

Burris Carpet Plus, Inc. v. Burris, et al. 2010 ND 118
Docket No.: 20090104
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: To prevail on a trademark infringement claim, a plaintiff must first show it has a valid mark that merits protection.
A valid trademark is a distinctive mark, symbol, or designation used by a producer or manufacturer to identify and distinguish its services or goods from the services or goods of others.
Ownership rights in a trademark accrue when the mark is used or displayed in the marketplace.
The use of a corporate name in connection with goods or services is not "use" of each word in the name for trademark purposes.
A name that a business entity uses that is not required to be registered as a trade name may still be registered to receive the protections of the trade name statutes.
State and federal courts have concurrent jurisdiction over claims arising under the Lanham Act.
When there is no express constitutional or statutory declaration upon a subject, the common law is applied.

State v. Emil (Consolidated w/20090287) 2010 ND 117
Docket No.: 20090286
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: The State may appeal from an order suppressing evidence only "when accompanied by a statement of the prosecuting attorney asserting that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding."
To meet the statutory requirements, the prosecutor's statement must explain the relevance of the suppressed evidence, or the relevance must be clear from the record.