Opinions

Tarnavsky v. Tarnavsky, et al. 2007 ND 183
Docket No.: 20070021
Filing Date: 11/26/2007
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: Order denying "motion to expunge" under N.D.R.Civ.P. 60(b)(iii) and (iv) summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).

Estate of Truax 2007 ND 182
Docket No.: 20070121
Filing Date: 11/19/2007
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: Judgment denying a motion to amend a judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Hendricks Prop. Mgmt. Corp. v. Birchwood Prop. Ltd. Partnership, et al. 2007 ND 181
Docket No.: 20070028
Filing Date: 11/19/2007
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: The interpretation of an agency agreement is governed by laws for construing contracts except to the extent the agent's fiduciary relationship with the principal requires a special rule, or the parties agree otherwise.
A district court's findings of fact and conclusions of law must be stated with sufficient specificity to provide reviewing courts with a clear understanding of the district court's decision, and a district court's findings of fact are adequate if the reviewing court is able to understand the factual basis for the district court's decision.
A liquidated damage clause is valid if the damages stemming from a breach are impractical or extremely difficult to estimate when the contract was entered, the parties reasonably endeavored to fix their damages, and the amount stipulated bears a reasonable relation to the probable damages and is not disproportionate to any damages reasonably anticipated.
Face-to-face negotiations are not necessary to uphold a liquidated damage clause.

Intercept Corp. v. Calima Financial LLC, et al. 2007 ND 180
Docket No.: 20060307
Filing Date: 11/14/2007
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: The corporate veil of a limited liability company may be pierced if the same conditions and circumstances under which the corporate veil of a corporation may be pierced under North Dakota law are present.
A lack-of-personal-jurisdiction defense is waived if it is neither made by motion nor included in a responsive pleading.

Axtmann, et al. v. Chillemi, et al. 2007 ND 179
Docket No.: 20070006
Filing Date: 11/14/2007
Case Type: Appeal - Civil - Corporations
Author: VandeWalle, Gerald

Highlight: The officers and directors of a corporation generally are not liable for the ordinary debts of the corporation, but a corporation's corporate veil may be disregarded when the corporation has insufficient capitalization for purposes of the corporate undertaking.
A district court's decision to pierce a corporate veil and impose personal liability on an officer or director is reviewed under the clearly erroneous standard.

State v. McAvoy 2007 ND 178
Docket No.: 20070095
Filing Date: 11/14/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: Conditions of probation are interpreted as mandatory.
When a violation of probation is contested, the State needs to prove a probation violation by a preponderance of the evidence.

Hawes v. ND Department of Transportation (consolidated w/20070060) 2007 ND 177
Docket No.: 20070059
Filing Date: 11/14/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: That the defendant's vehicle is out of gas does not render the vehicle inoperable as a matter of law.
When there has been no objection to a prosecutor's argument, the judgment will not be reversed unless it was an obvious error affecting a defendant's substantial rights.

State v. Jacobs 2007 ND 176
Docket No.: 20070033
Filing Date: 11/14/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Amended criminal judgment for possession of methamphetamine with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Mountrail Bethel Home v. Lovdahl (Cross-reference w/ 20060002) 2007 ND 175
Docket No.: 20070148
Filing Date: 11/14/2007
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Judgment finding enforceable contract did not exist is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Skarsgard (Consolidated w/20070084) 2007 ND 174
Docket No.: 20070083
Filing Date: 11/14/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgments for driving under the influence of alcohol and driving with a suspended license are summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4), and (7).