Opinions

Bolinske v. Jaeger, et al. 2008 ND 180
Docket No.: 20080222
Filing Date: 9/29/2008
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Per Curiam

Highlight: A writ of mandamus may be issued to compel the performance of an act which the law specifically requires a state official to perform.
A vacancy on a no-party ballot exists when a candidate nominated at the primary election dies, resigns, or otherwise becomes disqualified to have the candidate's name printed on the ballot at the general election, no candidates were nominated at the primary election because the office did not yet exist, or the timing of the vacancy in an office makes it impossible to have it placed on the primary ballot.
A vacancy does not exist on a no-party ballot if only one candidate runs for a designated position at the primary election, is nominated, and is listed on the general election ballot.
Parties raising a constitutional challenge must bring up the heavy artillery or forego the attack entirely.

Tarnavsky v. Tarnavsky, et al. 2008 ND 179
Docket No.: 20070161
Filing Date: 9/26/2008
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Orders denying motions to "Quash Garnishment Summons," to "Expunge Order Denying Motion to Quash Garnishment Summons," to "Deny Order Confirming Sale," to amend findings under N.D.R.Civ.P. 52(b), for "Extra Ordinary Relief," and for relief from the judgment under N.D.R.Civ.P. 60(b) are summarily affirmed under N.D.R.App.P. 35.1(a)(1), (2), and (4).

Drayton v. Workforce Safety and Insurance, et al. 2008 ND 178
Docket No.: 20070281
Filing Date: 9/25/2008
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: Courts are more circumspect about applying administrative res judicata than judicial res judicata, taking into account (1) the subject matter decided by the administrative agency, (2) the purpose of the administrative action, and (3) the reasons for the proceeding.
Unless otherwise provided, statutes in effect on the date of injury govern a claimant's right to collect workers compensation benefits.
A willful failure to give a maximum consistent effort in a functional capacity assessment can constitute noncompliance with vocational rehabilitation.

Disciplinary Board v. Tollefson 2008 ND 177
Docket No.: 20080205
Filing Date: 9/23/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.

Martin v. Trinity Hospital 2008 ND 176
Docket No.: 20070329
Filing Date: 9/23/2008
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: A subpoena to a named person must be served by personal service.
A court must quash a subpoena if it fails to allow a reasonable time for compliance or subjects a person to an undue burden.
Although mere uncertainty as to the exact amount of damages will not preclude recovery for breach of contract and the best evidence which the circumstances will permit is all the law requires, a party may not offer estimates and inexact evidence of damages if there is definite evidence available for an exact determination of the damages resulting from the breach.
The trial court may grant a pre-verdict judgment as a matter of law under N.D.R.Civ.P. 50(a) on its own motion.
It is unnecessary for an appellee to file a cross-appeal if the judgment below is entirely favorable, and the appellee may attempt to save the judgment by urging any ground raised in the trial court.

Ramsey County Farm Bureau, et al. v. Ramsey County, et al. 2008 ND 175
Docket No.: 20080054
Filing Date: 9/23/2008
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A county must substantially comply with mandatory post-enactment statutory publication requirements for an ordinance to become effective.
Declaratory judgment actions determine whether an ordinance is valid under current law.

State v. Crabtree 2008 ND 174
Docket No.: 20070280
Filing Date: 9/23/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: Maring, Mary

Highlight: When reviewing a district court's ruling on a motion to suppress, deference is given to the district court's findings of fact and conflicts in testimony are resolved in favor of affirmance.
The voluntariness of a confession depends upon questions of fact to be resolved by the district court. Because the district court is in a superior position to judge credibility and weight, great deference is given to a district court's determination of voluntariness.
A witness must ordinarily assert the privilege against self-incrimination when confronted with questions that the government should reasonably expect to elicit incriminating evidence, but one exception is when the assertion of the privilege is penalized so as to foreclose a free choice to remain silent and compel incriminating testimony.

Buchholz, et al. v. Burlington Resources (consolidated w/20080027) 2008 ND 173
Docket No.: 20080026
Filing Date: 9/23/2008
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: When an oil and gas operating unit is created, existing contracts are to be regarded as modified or amended only to the extent necessary to conform to the applicable statutory provisions, the Industrial Commission's order creating the unit, or the unit operating agreement, and in all other respects remain in full force and effect.

City of Fargo v. Malme, et al. (cross reference w/20070043) 2008 ND 172
Docket No.: 20080069
Filing Date: 9/23/2008
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Absent statutory or contractual authority, each party to a lawsuit bears its own attorney fees.
After a successful appeal to the Supreme Court, the appellant becomes the prevailing party in the district court for purposes of taxing costs and disbursements.

Rennich v. ND Department of Human Services 2008 ND 171
Docket No.: 20070335
Filing Date: 9/23/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: Administrative agencies are authorized to promulgate rules implementing statutes which they are empowered to administer or enforce.
The term "rule" under the Administrative Agencies Practice Act does not include explanatory guidelines or manual provisions which are not intended to have the force and effect of law.