Opinions

R.R. v. G.H. (CONFIDENTIAL) (Cross-ref. w/20040139 & 20040288) 2005 ND 100
Docket No.: 20040325
Filing Date: 6/2/2005
Case Type: Appeal - Civil - Contempt of Court
Author: Per Curiam

Highlight: District court orders denying a motion to change venue, finding a party in contempt, and awarding $300 paid in bond as reimbursement for costs and expenses are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Oliver-Mercer Electric Coop. v. Davis, et al. (Consol. w/20040308)(see Memo) 2005 ND 99
Docket No.: 20040307
Filing Date: 5/25/2005
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: When a secured creditor who fails to give proper notice seeks a deficiency judgment, the fair market value of the collateral is presumed to be equal to the debt.
A secured creditor who fails to properly notify the debtor of a sale of collateral must provide credible evidence from which the trial court can determine the fair market value of the collateral.
A secured creditor's failure to provide credible evidence bars recovery of a deficiency judgment.

ND Human Rights Coalition, et al. v. Bertsch 2005 ND 98
Docket No.: 20040297
Filing Date: 5/17/2005
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Sandstrom, Dale

Highlight: A trial court's decision to certify a class action will not be overturned on appeal unless the court abused its discretion.
A trial court's explanation of its decision to grant a class action certification must be sufficient to enable a reviewing court to understand the basis for the court's decision.

Anderson v. Director, N.D. Dept. of Transportation 2005 ND 97
Docket No.: 20040337
Filing Date: 5/17/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: An investigative stop of a vehicle requires the officer have a reasonable and articulable suspicion that a motorist has violated or is violating the law.
Information from a tip may provide the factual basis for a stop.
In evaluating the factual basis for a stop, the totality of the circumstances is considered, including the quantity, or content, and quality, or degree of reliability, of the information available to the officer.
When reasonable and articulable suspicion arises from an informant's tip, there is an inverse relationship between quantity and quality, and the information must be analyzed generally according to the type of tip and its reliability.
A caller-informant must provide at least some specific and articulable facts to support the bare allegations of criminal activity for a stop to be justified based on the call.

Negaard v. Negaard (Consol. w/20040312) (Cross-Ref. w/20010251 & 20030174) 2005 ND 96
Docket No.: 20040140
Filing Date: 5/17/2005
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: An order or judgment finding a person guilty of contempt is a final order or judgment for purposes of appeal.
An appeal of a contempt finding must be made within "60 days after entry of the judgment or order being appealed."
When imposing contempt under N.D.C.C. ch. 27-10, a court must first consider whether a remedial or punitive sanction is applicable and then apply the appropriate procedures for imposing the sanction.
In a custody, support, or visitation proceeding, a trial court may, in its discretion and on its own initiative, appoint a guardian ad litem for a minor child when the court has reason or special concern as to future welfare of the child.
Under Section 28-26-01(2), N.D.C.C., a court may award reasonable actual and statutory costs, including reasonable attorney fees, for defending a frivolous claim.

Koenig v. ND Dept. of Transportation 2005 ND 95
Docket No.: 20040351
Filing Date: 5/17/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: The Department does not lack jurisdiction to suspend a license merely because an officer failed to forward test results that were not printed because of a printer malfunction.

Glasow v. E.I. Dupont De Nemours and Company, et al. 2005 ND 94
Docket No.: 20040321
Filing Date: 5/17/2005
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Rule 23(l), N.D.R.Civ.P., governs the dismissal of all class actions, regardless of whether a motion to certify the class is filed.

Smith v. Kulig 2005 ND 93
Docket No.: 20040237
Filing Date: 5/17/2005
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: A landowner's only duty to a trespasser is to refrain from harming the trespasser in a willful and wanton manner.
A landowner is not under any affirmative duty to give a trespasser warning of concealed perils, although, by the exercise of reasonable care, the landowner might have discovered the defect or danger that caused the injury.

Woods v. Ryan 2005 ND 92
Docket No.: 20040227
Filing Date: 5/17/2005
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In deciding whether to change custody of a child, a court must use a two-part analysis, considering first whether there has been a material change of circumstances, and then, if the court decides there has been, deciding whether a change in custody is necessary to serve the best interests of the child.

Bollin v. ND Dept. of Transportation 2005 ND 91
Docket No.: 20040291
Filing Date: 5/17/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Chemical analysis results will not be admitted into evidence if the test was not performed in accordance with methods and devices approved by the state toxicologist.
If the chemical analysis form indicates an alternative disinfectant was used during the blood draw but neither the form nor testimony identifies the disinfectant, license suspension is improper.