Opinions

Vann v. Vann 2009 ND 118
Docket No.: 20080344
Filing Date: 7/9/2009
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: A settlement agreement is unconscionable if there are procedural abuses arising out of the contract formation and substantive abuses relating to the terms of the agreement.
The involvement of only one attorney is troubling, but that fact alone does not conclusively establish an agreement is unconscionable.
A party having capacity and opportunity to read a contract without being misled as to its contents cannot avoid the contract by claiming he has not read it.

Henke v. State (Consolidated w/ 20080348) 2009 ND 117
Docket No.: 20080347
Filing Date: 7/9/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: A district court may summarily dismiss an application for post-conviction relief on its own accord only if the application fails to state a claim for which relief could be granted.
A district court cannot put an applicant to her proof. Under post-conviction relief, only a party can move for summary disposition.

Interest of A.B. (CONFIDENTIAL) 2009 ND 116
Docket No.: 20080256
Filing Date: 7/9/2009
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: A juvenile court's decision to terminate parental rights is a question of fact that will not be overturned unless the decision is clearly erroneous.
The State is not required to provide long-term and intensive treatment if it cannot be successfully undertaken in a time frame that would enable the child to return to the parental home without causing severe dislocation from emotional attachments formed during long-term foster care.

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.