Opinions

Riemers v. State 2009 ND 115
Docket No.: 20080332
Filing Date: 7/9/2009
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: When considering whether to allow individual speech on government property, courts employ a forum analysis for balancing the government's interest in limiting the use of its property and the interests of those wanting to use the property for expressive activity.
A university may establish reasonable time, place, and manner restrictions when permitting access to its campus and facilities.

Vanderscoff v. Vanderscoff 2009 ND 114
Docket No.: 20080318
Filing Date: 6/30/2009
Case Type: Appeal - Civil - Divorce - Property
Author:

Highlight: District court order denying motion to amend spousal support obligation summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Vicknair, et al. v. Phelps Dodge Industries, Inc., et al. 2009 ND 113
Docket No.: 20080139
Filing Date: 6/29/2009
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: The availability of an adequate alternative forum is a prerequisite to granting a motion to dismiss based on forum non conveniens, and an adequate alternative forum does not exist if the statute of limitations has expired in the proposed alternative forum.

Disciplinary Board v. Peterson 2009 ND 112
Docket No.: 20090159
Filing Date: 6/24/2009
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.

Disciplinary Board v. Wolff (Interim Suspension) 2009 ND 111
Docket No.: 20090189
Filing Date: 6/24/2009
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Khokha v. Shahin 2009 ND 110
Docket No.: 20080211
Filing Date: 6/22/2009
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Highlight: Evidence of a plaintiff's bad reputation or bad character is generally admissible in a defamation action.
Specific instances of a plaintiff's conduct or a plaintiff's particular character traits are not relevant in a defamation action unless they were generally known by others in the community.
Reputation evidence in a defamation action is permissible only if it affects the aspects of reputation that were defamed.
There is no liability for defamatory statements that are privileged.
Absolute privilege is limited to situations in which the free exchange of information is so important that even defamatory statements made with actual malice are privileged, while qualified privilege may be abused and does not provide absolute immunity from liability.
Whether a qualified privilege is abused is a question of fact.

Miller v. Workforce Safety and Insurance, et al. 2009 ND 109
Docket No.: 20080238
Filing Date: 6/19/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: Under North Dakota's workers compensation law and procedure, a "rehearing" is an evidentiary hearing.
WSI has the responsibility to weigh the credibility of the medical evidence and resolve conflicting medical opinions, and a reviewing court is limited to determining only whether a reasoning mind reasonably could have determined that the factual conclusions were proved by the weight of the evidence from the entire record.

State v. Golden 2009 ND 108
Docket No.: 20080301
Filing Date: 6/17/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: A district court may not grant a defendant's motion to suppress statements made to police officers while the defendant was not subject to custodial interrogation.
A defendant who goes to a police station voluntarily, understanding that questioning will ensue, and who is told by the interviewing officers that he does not have to answer any questions, that he is not under arrest, and that he is free to leave at any time, and who, finally, leaves the police station unobstructed, is not in custody for Miranda purposes.

Eberle v. Eberle 2009 ND 107
Docket No.: 20080317
Filing Date: 6/17/2009
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Interlocutory orders generally are not appealable and may be revised or reconsidered any time before the final order or judgment is entered.
A settlement agreement is unconscionable and may not be enforced if there are procedural abuses arising out of the contract formation and substantive abuses relating to the terms of the agreement.
When a settlement agreement is rapidly entered into, only one party is represented by an attorney, and the terms of the agreement are one-sided it strongly indicates the agreement was entered into under duress or undue influence.

Matter of Midgett (Cross-Ref. w/20070109) 2009 ND 106
Docket No.: 20080255
Filing Date: 6/17/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Maring, Mary

Highlight: In addition to the three statutory requirements, the State must prove the committed individual has serious difficulty controlling his behavior in order to satisfy substantive due process.
The district court must specifically state the facts on which it relied to determine an individual has serious difficulty in controlling his behavior.