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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

4711 - 4720 of 12446 results

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.

State v. Wetzel 2008 ND 186
Docket No.: 20080042
Filing Date: 10/22/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: Words of a statute are given their plain, ordinary, and commonly understood meaning.
The boundary of a county located next to the Missouri River extends to the center of the main channel of the river.

Matter of R.A.S. (Confidential) 2008 ND 185
Docket No.: 20080043
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Maring, Mary

Highlight: A court must make sufficient factual findings to provide the appellate court with the basis for the court's decision.
Generally, issues not raised in prior proceedings will not be addressed on appeal.

Public Service Commission v. Minnesota Grain 2008 ND 184
Docket No.: 20080068
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: On legal questions, such as interpretation of a statute, an agency's decision is fully reviewable on appeal.
Chapter 60-04, N.D.C.C., addresses insolvent grain warehousemen and provides an insolvency procedure designed to provide a prompt method for receipt holders to recover their claims.
Statutes relating to the same subject matter shall be construed together and should be harmonized, if possible, to give meaningful effect to each, without rendering one or the other useless.

Brown v. Brodell, et al. 2008 ND 183
Docket No.: 20080005
Filing Date: 10/22/2008
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Findings of fact in cases involving the doctrine of acquiescence are reviewed under a clearly erroneous standard.
A landowner may satisfy the doctrine of acquiescence by showing that a neighboring landowner recognized a boundary line through silence and conduct.

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