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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.

5381 - 5390 of 12358 results

Interest of D.A. (CONFIDENTIAL) 2005 ND 116
Docket No.: 20050174
Filing Date: 6/22/2005
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: An mental health forced treatment order must be supported by evidence that forced medication is clinically appropriate and necessary, that the patient was offered the treatment and refused it, that the prescribed medication is the least restrictive form necessary to meet the individual patient's needs, and that the benefits of the treatment outweigh known risks.

Houn v. Workforce Safety and Insurance, et al. 2005 ND 115
Docket No.: 20050013
Filing Date: 6/22/2005
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Section 65-05-08(1), N.D.C.C., applies to reapplications for disability benefits after disability benefits previously have been discontinued and does not apply to applications when a claimant has not previously received disability benefits.

Tri-State Ins. Co. of Minnesota v. Commercial Group West, et al. 2005 ND 114
Docket No.: 20050007
Filing Date: 6/22/2005
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: Under a builder's risk insurance policy, a party not expressly named as a co-insured under the policy is protected from subrogation only to the extent that the insurance policy expressly covers the party's property.

Estate of Littlejohn 2005 ND 113
Docket No.: 20040326
Filing Date: 6/22/2005
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: The interpretation of an attorney in fact's authority under a power of attorney is generally governed by the rules for construing contracts.

Johnson v. Nodak Mutual Ins. Co. 2005 ND 112
Docket No.: 20040293
Filing Date: 6/22/2005
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: An insurer's payment for an insured's independent medical examination is not a no-fault benefit for purposes of a statute of limitations that requires actions for further benefits to begin no later than four years after the last payment of benefits.
A motion for relief from a judgment may not be used to provide a litigant with a second chance to present new legal theories to a court.

Brandner v. Brandner 2005 ND 111
Docket No.: 20040236
Filing Date: 6/22/2005
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The trial court must determine net marital worth by considering all property and debt accumulated by the parties.
A court errs as a matter of law if it fails to comply with the child support guidelines in determining an obligor's child support obligation.
A trial court's decision whether to award past child support is discretionary and will not be overturned on appeal unless the court has abused its discretion.

Berlin v. State 2005 ND 110
Docket No.: 20050030
Filing Date: 6/22/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: A court may summarily dismiss a facially invalid application for post-conviction relief.

Disciplinary Board v. Edin (Consolidated w/ 20050011) 2005 ND 109
Docket No.: 20050010
Filing Date: 6/7/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law from the date of his interim suspension to the date this opinion is filed and ordered to pay the costs and attorney's fees for the disciplinary proceeding.

Martin, et al. v. Berg, et al. 2005 ND 108
Docket No.: 20050001
Filing Date: 6/6/2005
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: On appeal from a summary judgment, the Supreme Court decides whether the information available to the trial court precluded the existence of a genuine issue of material fact and entitled the moving party to summary judgment as a matter of law.
Where the language of a will is clear and unambiguous, the testator's intent must be determined from the language of the will.

Estate of Kimbrell (Consolidated w/20040322) 2005 ND 107
Docket No.: 20040226
Filing Date: 6/2/2005
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Sandstrom, Dale

Highlight: The surviving spouse of a decedent occupying real property as a homestead receives the right to possession, use, control, income, and rents of the property for life or until the surviving spouse again marries, limited in size and value to the land and the dwelling house, with all its appurtenances and other improvements, not to exceed $80,000 in value, over and above liens and encumbrances.

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