Opinions

Glasser v. Glasser 2006 ND 238
Docket No.: 20060159
Filing Date: 11/28/2006
Case Type: Appeal - Civil - Divorce
Author: Maring, Mary

Highlight: An order dismissing an order to show cause why a party should not be held in contempt of court is appealable.
Interpretation of a judgment is a question of law, and an unambiguous judgment may not be modified, enlarged, restricted, or diminished. The question whether a judgment is ambiguous is a question of law. There is an ambiguity when language can be reasonably construed as having at least two alternative meanings.
If the language used in a judgment is ambiguous, there is room for construction, but if the language is unambiguous and plain, neither construction nor interpretation is allowed, and the effect of the language must be based on the language's literal meaning.

Genter v. Workforce Safety & Ins. Fund, et al. 2006 ND 237
Docket No.: 20060145
Filing Date: 11/28/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Workforce Safety and Insurance must determine whether a medical assessment team is required in a particular case based on the nature of the claimed injury.
If a medical assessment team is required to evaluate an injury, Workforce Safety and Insurance has the discretion to determine the composition of the team on a case-by-case basis.

Klein v. Larson 2006 ND 236
Docket No.: 20060062
Filing Date: 11/28/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In an initial custody decision, the trial court must award custody to the parent who will better promote the best interests and welfare of the child.
A parent's numerous prior criminal offenses, although not involving crimes of moral turpitude, are relevant evidence of the parent's moral fitness.

Silbernagel, et al. v. Silbernagel, et al. 2006 ND 235
Docket No.: 20060201
Filing Date: 11/28/2006
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: Summary judgment in a quiet title action is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Morrell 2006 ND 234
Docket No.: 20060078
Filing Date: 11/28/2006
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered upon a conditional guilty plea to the offense of carrying a loaded firearm in a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Otto v. State (Cross-Ref. w/20030368) 2006 ND 233
Docket No.: 20060093
Filing Date: 11/28/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wishek v. Kaseman 2006 ND 232
Docket No.: 20060192
Filing Date: 11/15/2006
Case Type: Appeal - Criminal - Violation of City Ordinance
Author: Per Curiam

Highlight: A judgment granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Trinity Hospitals v. Mattson, et al. 2006 ND 231
Docket No.: 20060121
Filing Date: 11/14/2006
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Highlight: The Supreme Court's authority to issue a supervisory writ is a discretionary power exercised rarely, cautiously, and only in extraordinary cases to rectify errors and to prevent injustice when no adequate alternative remedy exists.
A contributing employer is immune from suit under the exclusive remedy provisions of workers' compensation law, and Workforce Safety and Insurance's determination that two affiliated corporations are encompassed under the same premium is a salient factor in determining a contributing employer.

Disciplinary Board v. Aakre 2006 ND 230
Docket No.: 20060260
Filing Date: 11/14/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.

Tverberg v. Workforce Safety & Insurance, et al. 2006 ND 229
Docket No.: 20060064
Filing Date: 11/13/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: The rehabilitation provisions of workers compensation law are intended to return injured workers to substantial gainful employment with a minium of retraining as soon as possible after a work injury, but those provisions do not require complete rehabilitation to preinjury earning capacity.
Section 65-05.1-01(6), N.D.C.C., applies if a vocational consultant determines that none of the priority options under N.D.C.C. 65-05.1-01(4) are viable and will not return the employee to the lesser of two-thirds of the average weekly wage or ninety percent of the employee's preinjury earnings.
Partial disability benefits are to be awarded based on a calculation for retained earnings capacity, and WSI may use a statewide job pool to calculate the employee's retained earnings capacity.