Opinions

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.

State v. Ferrie (Consolidated w/20070371) 2008 ND 170
Docket No.: 20070370
Filing Date: 9/23/2008
Case Type: Appeal - Criminal - Other
Author: Sandstrom, Dale

Highlight: A court may not dismiss a criminal case for failure to prosecute when there has been no notice to the state.

State v. Krogen 2008 ND 169
Docket No.: 20080041
Filing Date: 9/23/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment for driving under suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Johnson (consolidated w/20080022) 2008 ND 168
Docket No.: 20080021
Filing Date: 9/23/2008
Case Type: Appeal - Criminal - Misc. Felony
Author:

Highlight: Criminal judgments for contact by bodily fluids with a law enforcement officer and a person lawfully present in a correctional facility who is not an inmate are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Ongstad, et al. v. Piper Jaffray & Co. 2008 ND 167
Docket No.: 20070260
Filing Date: 9/8/2008
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: A party seeking to invoke application of federal preemption under the Securities Litigation Uniform Standards Act ("SLUSA") must show that (1) the action is a "covered class action" under the Act; (2) the action purports to be based upon state law; (3) the action alleges the defendant misrepresented or omitted a material fact, or used or employed a manipulative or deceptive device or contrivance; and (4) the action alleges the defendant's misrepresentations, omissions, manipulations, or deceptions were made in connection with the purchase or sale of a covered security.
In determining whether a class action is barred under SLUSA, courts look to the actual nature of the conduct alleged, and plaintiffs may not avoid SLUSA's preemptive effect by creative or artful pleading.
SLUSA's preemptive reach must be broadly construed, and is coextensive with federal regulatory authority over securities fraud under Section 10b and Rule 10b-5.
When a broker purchases or sells securities on a client's behalf without authorization, the unauthorized transaction may constitute securities fraud.