Opinions

Manitoba Public Ins. Corp. v. Dakota Fire Ins. Co. 2007 ND 206
Docket No.: 20070061
Filing Date: 12/20/2007
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: A procedural remedy is not a vested right and is subject to repeal, modification, or change.

Hsu v. Marian Manor Apartments 2007 ND 205
Docket No.: 20070040
Filing Date: 12/20/2007
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: A contract providing for the lease of a clinic owned by a nursing home to a licensed physician, which named the physician lessee using the suffix "M.D.," and which provided that the lessee shall obtain and maintain all necessary licenses to operate a clinic, unambiguously required the physician to maintain a license to practice medicine.
Revocation of a physician's license to practice medicine is a breach of a lease unambiguously requiring the physician to maintain a license to practice medicine entitling the lessor to refuse to renew the lease.

Disciplinary Board v. Nemec 2007 ND 204
Docket No.: 20070358
Filing Date: 12/19/2007
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Disciplinary Board v. Johnson (Consolidated w/ 20070108) 2007 ND 203
Docket No.: 20070107
Filing Date: 12/19/2007
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A lawyer may be disciplined for writing a letter to a third party containing false statements that have no substantial purpose other than to delay or to embarrass or burden the third party.
A lawyer may be disciplined for making false statements to the court.
Defiance of a disciplinary admonition may increase the sanction imposed on a lawyer.
Lawyer suspended from the practice of law for 60 days and ordered to pay the costs and expenses of the disciplinary proceeding.

Nagel v. Workforce Safety and Ins., et al. 2007 ND 202
Docket No.: 20070120
Filing Date: 12/19/2007
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Equitable estoppel may be applied to bar an assertion that a claim was untimely under N.D.C.C. 65-05-01.
In certain situations, such as a relapse of a condition caused by a work-related injury, the disallowance of a workers compensation claim following relapse may be a notifying event which ends the tolling of the statute of limitations for the injured worker.

Bartch v. ND Dept. of Transportation 2007 ND 201
Docket No.: 20070160
Filing Date: 12/17/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Display of an expired registration tab on a license plate justifies a traffic stop.

Bowman v. ND Workforce Safety and Insurance 2007 ND 200
Docket No.: 20070227
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Administrative Proceeding
Author:

Highlight: A judgment affirming an order of Workforce Safety and Insurance denying an application for workers compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Christofferson v. N.D. Dept. of Health 2007 ND 199
Docket No.: 20070129
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A tire collection that may benefit agricultural activities may not be a "beneficial use" because of "accumulations in total, on human and animal health, the environment, and on local and state government, which may be ultimately financially responsible to dispose of the tires."

Matter of Midgett 2007 ND 198
Docket No.: 20070109
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: The Sixth Amendment does not apply to a civil commitment proceeding for a sexually dangerous individual.
In a civil commitment proceeding for a sexually dangerous individual, evidence of prior sexually predatory conduct or criminal conduct, including a record of the juvenile court, is admissible.

State v. Schmeets 2007 ND 197
Docket No.: 20060375
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: The threshold question for determining whether a person tampered with constitutes a "witness" is whether the individual charged with tampering with that person had a reasonably founded belief that the person tampered with would testify.
The person tampered with in a witness tampering case need not be included on a witness list filed in a case in order for an individual to be convicted of tampering with that witness.