Opinions

Schmidt v. Hess Corp., et al. 2024 ND 72
Docket No.: 20230272
Filing Date: 4/19/2024
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: To prove negligence, a plaintiff must establish the existence of a duty, breach of that duty, and an injury proximately caused by the breach of duty.
The employer of an independent contractor who retains control of part of the work owes a duty of care to the independent contractor' s employees to exercise the retained control with reasonable
care.
A property owner who hires an independent contractor may be held liable to the independent contractor and its employees for injuries resulting from hazards at the workplace when the property
owner retains control over the work.

Cichos, et al. v. Dakota Eye Institute, P.C., et al. 2024 ND 71
Docket No.: 20230212
Filing Date: 4/19/2024
Case Type: Appeal - Civil - Malpractice
Author: Tufte, Jerod E.

Highlight: Rule 54(b), N.D.R.Civ.P., preserves our long-standing policy against piecemeal appeals. When this Court considers the merits in a case involving a N.D.R.Civ.P. 54(b) certification, it does so because the resolution of the issue on appeal will always need to be resolved and is separate from the issue left to be adjudicated.
To establish a prima facie case of professional negligence, a plaintiff must produce expert evidence establishing the applicable standard of care, violation of that standard, and a causal relationship between the violation and the harm complained of. To warrant a finding that a person's conduct is the proximate cause of an injury, the injury must be the natural and probable result of the conduct and must have been foreseen or reasonably anticipated by that person as a probable result of the conduct. Mere speculation is not enough.

Interest of H.J.J.N. 2024 ND 70
Docket No.: 20240060
Filing Date: 7/5/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An amended judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Rennie v. State 2024 ND 69
Docket No.: 20230303
Filing Date: 4/19/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Garaas, et al. v. Continental Resources, et al. 2024 ND 68
Docket No.: 20230306
Filing Date: 4/19/2024
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: We will not consider an appeal in a multi-claim lawsuit where the district court order disposes of fewer than all the claims against all the parties unless the court has determined that a certification under N.D.R.Civ.P. 54(b) is appropriate.

Urrabazo v. State 2024 ND 67
Docket No.: 20230316
Filing Date: 4/4/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: A district court judgment denying an application for postconviction relief is affirmed.

This Court does not reweigh credibility or resolve conflicts in the evidence.

State v. Freeman 2024 ND 66
Docket No.: 20230207
Filing Date: 4/4/2024
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: A motion for mistrial is reviewed for an abuse of discretion or a manifest injustice would result. Granting a mistrial is an extreme remedy and should only be resorted to when a fundamental defect or occurrence in the trial proceedings exists that makes it evident that further proceedings would be productive of manifest injustice.

Trial courts have wide discretion over the conduct of trial and the courtroom.

A trial court does not abuse its discretion by granting a recess when jurors are ill or have other such emergencies.

A criminal judgment entered after a jury found the defendant guilty of murder is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Kemmet v. Kemmet 2024 ND 65
Docket No.: 20230194
Filing Date: 4/4/2024
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A divorce judgment is reversed in part and remanded for clarification of the district court’s findings regarding equitable distribution of the marital estate and a correct accounting of the distribution.

All property held by either party, whether held jointly or individually, is considered marital property, and the district court must determine the total value of the marital property before making an equitable distribution.

Separate property, even if it is inherited, must initially be included in the marital estate, but the property’s origin may be considered when equitably dividing the estate.

State v. Alameen 2024 ND 64
Docket No.: 20230320
Filing Date: 4/4/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Adoption of T.J.R. and B.L.R. (CONFIDENTIAL) 2024 ND 63
Docket No.: 20240056
Filing Date: 4/4/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A district court order terminating parental rights under N.D.C.C. § 14-15-19 is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

A district court finding of abandonment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

A court may waive the investigation and report required under N.D.C.C. § 14-15-11 for a petition of adoption if the petitioner is a court-appointed legal guardian or a relative other than a stepparent of the minor, the minor has lived with the petitioner for at least nine months, no allegations of abuse or neglect have been filed against the petitioner or any member of the petitioner’s household, and the court is satisfied that the proposed adoptive home is appropriate for the minor.

For convenience or to avoid prejudice, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims under N.D.R.Civ.P. 42(b).