Opinions

State v. Kaseman 2008 ND 196
Docket No.: 20080088
Filing Date: 10/27/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: Restitution is a type of sentence.
A district court may not order restitution, then later increase restitution, unless the district court reserves the issue prior to or at the time of sentencing.

Kucera v. Kucera 2008 ND 195
Docket No.: 20080006
Filing Date: 10/27/2008
Case Type: Appeal - Civil - Divorce - Property
Author:

Highlight: Divorce judgment summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

P.A. v. A.H.O. (CONFIDENTIAL) 2008 ND 194
Docket No.: 20080049
Filing Date: 10/27/2008
Case Type: Appeal - Civil - Paternity
Author: VandeWalle, Gerald

Highlight: The Court reviews findings of fact in custody awards under a clearly erroneous standard.
Custody will be awarded to the parent who will promote the best interests and welfare of the child, which is determined by the court's consideration of several factors.
While the best interests factors should each be given equal consideration, there is no mathematical formula which awards custody to the party with the most factors in his or her favor. The best interests of a child must be examined on a case-by-case basis.
This Court has not held there is a presumption against joint custody. However, a trial court must find that joint custody is in a child's best interest for the Court to affirm a joint custody award.

Horton v. Horton 2008 ND 193
Docket No.: 20080087
Filing Date: 10/24/2008
Case Type: Appeal - Civil - Child Support
Author: Not Available

Highlight: Order denying name change is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Clark v. Workforce Safety & Insurance, et al. 2008 ND 192
Docket No.: 20080089
Filing Date: 10/24/2008
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: If there is conflicting medical evidence presented in a case, some of it favorable and some unfavorable to a claimant, WSI must adequately explain its reason for disregarding the favorable evidence when it reaches a conclusion less favorable to the claimant.

State ex rel. Dept. of Labor v. Riemers, et al. 2008 ND 191
Docket No.: 20070363
Filing Date: 10/24/2008
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: An unlicensed natural person cannot be an attorney for an artificial person, such as a limited liability company. Court documents signed by a non-attorney on behalf of a limited liability company are void.

Estate of Samuelson 2008 ND 190
Docket No.: 20080075
Filing Date: 10/24/2008
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: When a person excludes an individual in his will, the individual is excluded from taking both under the will and under intestate succession, unless the person making the will expressly specifies to the contrary.
Disinheritance must be expressed and cannot be implied.

Lord & Stevens, Inc., et al. v. 3D Printing, Inc., et al. 2008 ND 189
Docket No.: 20070341
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: Whether there is an express or implied contract between the parties is a question for the trier of fact.
There can be no implied in law contract to prevent unjust enrichment when there is an express or implied in fact contract between the parties relative to the same subject matter.

Schmidt v. Job Service, et al. 2008 ND 188
Docket No.: 20080071
Filing Date: 10/22/2008
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: VandeWalle, Gerald

Highlight: For purposes of unemployment benefits, misconduct is conduct evincing a willful or wanton disregard of an employer's interests and is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of an employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to an employer.
The reasons for a teacher non-renewal may rise to the level of misconduct for purposes of unemployment compensation benefits.

Ebach v. Ebach 2008 ND 187
Docket No.: 20080057
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A party seeking to modify a spousal support obligation must prove there has been a material change in circumstances since the time of the initial decree or, if the initial support award has been modified, a change since the subsequent modification.
A court must make sufficient factual findings to provide the appellate court with the basis for the court's decision.