Opinions

Ebach v. Ebach 2005 ND 123
Docket No.: 20040306
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: Whether a supporting spouse's early retirement constitutes a material change of circumstances to justify a termination or reduction of spousal support depends on the totality of the circumstances.

Guardianship of Barros 2005 ND 122
Docket No.: 20040255
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Guardian/Conservator
Author: Maring, Mary

Highlight: To terminate a voluntary guardianship, a fit parent must prove by a preponderance of the evidence that the impediments leading to the creation of the guardianship have been removed.
A rebuttable presumption exists that parental custody is in the best interests of the child.
The guardians must overcome the presumption that parents have a superior right to the custody of their children and prove by a preponderance of the evidence that it is in the child's best interest to continue the guardianship.

State v. Jackson (Consolidated w/20050021) 2005 ND 121
Docket No.: 20050020
Filing Date: 7/13/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author:

Highlight: Driving under suspension conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(3), and (7).

Beaudoin v. South Texas Blood & Tissue Center (Cross-reference w/20030148) 2005 ND 120
Docket No.: 20040356
Filing Date: 6/24/2005
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: A nonresident defendant must have sufficient minimum contacts with North Dakota so the exercise of personal jurisdiction does not offend traditional notions of fair play and substantial justice.
Defendants cannot be haled into a jurisdiction solely as a result of random, fortuitous, or attenuated contacts, or from the unilateral activity of a third party.
North Dakota courts may exercise specific personal jurisdiction over nonresident defendants only if they purposefully directed their activities toward North Dakota and the cause of action arises out of or relates to the defendant's activities in the State.
A defendant's conscious and repeated decision to ship a product to North Dakota constitutes sufficient minimum contacts required to ground personal jurisdiction.
Rule 60(b)(i), N.D.R.Civ.P., which establishes grounds for vacating a default judgment, permits relief where a party itself has erred.
A trial court's denial of a motion to vacate a default judgment based on a misinterpretation and misapplication of our law must be reversed as an abuse of discretion.

Disciplinary Board v. Vela 2005 ND 119
Docket No.: 20050173
Filing Date: 6/24/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Riverwood Commercial Park v. Standard Oil Co., Inc., et al. 2005 ND 118
Docket No.: 20040314
Filing Date: 6/22/2005
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The purpose of the summary eviction statute is to provide an inexpensive, expeditious, and simple means to determine possession of property.
The major distinction between a lease and an easement or license is that a lease confers exclusive use and possession of the property against the world, including the landowner, whereas an easement or license merely grants a right or permission to nonexclusive use of the land for a specific, limited purpose.

Martin v. Stutsman Co. Social Services, et al. 2005 ND 117
Docket No.: 20050019
Filing Date: 6/22/2005
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: An administrative agency is bound by its own duly issued regulations. The agency, nevertheless, has a reasonable range of informed discretion in the interpretation and application of its own rules.
Courts generally defer to an agency's reasonable interpretation of its rule when the language is ambiguous or when the language is so technical that only a specialized agency has the experience and expertise to understand it.

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.