Opinions
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5401 - 5500 of 12418 results
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Interest of K.G. (Confidential)
2005 ND 156 Highlight: A district court's finding, that no less restrictive treatment programs other than hospitalization are appropriate, will not be reversed unless it is clearly erroneous. |
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Amerada Hess Corp., et al. v. Fong
2005 ND 155
Highlight: Gross-up amounts are not "foreign dividends" subject to partial exclusion under state tax law. |
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Frisk v. Frisk
2005 ND 154 Highlight: A domestic violence protection order, originally entered under a stipulation or agreement specifically declining to issue findings regarding domestic violence, cannot be extended absent a threshold finding of actual or imminent domestic violence. |
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Disciplinary Board v. Hoffman
2005 ND 153 Highlight: An isolated instance of ordinary negligence does not constitute lack of competence or diligence under the rules of professional conduct. |
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State v. Parisien (Consolidated w/20040349 & 20040350)
2005 ND 152
Highlight: All communications with jurors, after a case has been submitted to them, must be made in open court and in the presence of the defendant. |
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Miller, et al. v. Diamond Resources, Inc.
2005 ND 150
Highlight: A proximate cause is a cause that, as a natural and continuous sequence unbroken by any controlling intervening cause, produces the injury, and without it the injury would not have occurred. |
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Heart River Partners, et al. v. Goetzfried, et al.
2005 ND 149 Highlight: Parol evidence is admissible in an action to reform a written deed when, through fraud or mutual mistake of the parties, or a mistake by one party which the other at the time knew or suspected, the deed does not truly express the parties' intention. |
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Disciplinary Board v. Korsmo
2005 ND 148 Highlight: Interim suspension of lawyer ordered. |
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Rojas v. Workforce Safety and Insurance, et al.
2005 ND 147
Highlight: Before a claimant's continuing workers compensation disability benefits may be terminated, WSI must provide pretermination notice of the contemplated action, a summary of the evidence supporting termination, and a meaningful pretermination opportunity to respond in writing to the alleged grounds for termination. |
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CybrCollect, Inc. v. ND Dept. of Financial Institutions, et al.
2005 ND 146
Highlight: Consumer electronic fund transactions in North Dakota are subject to the Electronic Fund Transfer Act and Regulation E, which was issued by the Federal Reserve Board to carry out the purpose of the Act. |
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Estate of Richmond
2005 ND 145
Highlight: If the evidence presented in opposition to a motion for summary judgment is of insufficient caliber or quantity to allow a rational finder of fact to find fraud by clear and convincing evidence, there is no genuine issue of material fact. |
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Disciplinary Board v. Ward
2005 ND 144 Highlight: Lawyer reprimanded for violation of N.D.R. Prof. Conduct 1.15(f), ordered to pay restitution to former clients, and ordered to pay costs and attorney's fees associated with the disciplinary proceeding. |
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City of Bismarck v. Judkins
2005 ND 143 Highlight: A constitutional error may be declared harmless if the court, after reviewing the entire record, is convinced that the error did not contribute to the verdict. |
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Bladow v. Bladow
2005 ND 142
Highlight: Issues that are not raised in pleadings may be tried by the express or implied consent of the parties. |
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Case Credit Corp. v. Oppegard's Inc.
2005 ND 141
Highlight: Jury instructions do not need to include a definition of a commonly understood word when such a definition has not been requested. Giving a definition of a commonly understood word is a matter of the trial court's discretion. |
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State v. Ressler
2005 ND 140
Highlight: Reasonable suspicion does not permit law enforcement authorities to transport a seized package from the place where suspicion arose to a law enforcement center for further investigation. |
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Simburger v. Simburger
2005 ND 139
Highlight: Once an initial custody decision has been made, visitation is governed by N.D.C.C. 14-05-22(2). |
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Interest of B.J.K. (Confidential)
2005 ND 138
Highlight: A juvenile court's finding of deprivation will not be set aside unless it is clearly erroneous. |
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State v. Jackson
2005 ND 137
Highlight: When the court dismisses a criminal information on the basis of its legal interpretation of a criminal statute, and not upon resolution of any factual element of the crime charged, the ruling is not a judgment of acquittal but a quashing of the information from which the State has a right to appeal. |
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GO Committee, et al. v. City of Minot
2005 ND 136
Highlight: The judiciary's role in reviewing a municipality's interpretation and application of a municipal ordinance is limited by the doctrine of separation of powers to determining whether the municipality clearly abused its discretion. |
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Disciplinary Board v. Sundby (Consolidated w/ 20050189 - 20050194)
2005 ND 135 Highlight: Lawyer suspension ordered. |
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State v. Barth
2005 ND 134
Highlight: Persistent use of profane and threatening language combined with threatening hand gestures is not constitutionally protected free speech under the First Amendment to the U.S. Constitution. |
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Citibank v. Reikowski
2005 ND 133 Highlight: Before accepting and filing an answer, a clerk should require the filing fee be paid or waived, however, if the clerk does not do so, the filing of the answer is not invalidated. |
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Reineke v. Reineke (cross-ref. w/20030014)
2005 ND 132 Highlight: An ex-wife's enhanced burden to satisfy marital debt discharged in bankruptcy by her ex-husband is a material change in circumstances warranting a modification of spousal support, and such a modification does not violate U.S. bankruptcy law. |
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Gonzalez v. Gonzalez
2005 ND 131
Highlight: Proposed findings prepared by trial counsel become the findings of the court when it affixes its signature to them. |
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Interest of C.H. (CONFIDENTIAL)
2005 ND 130 Highlight: A district court's order for involuntary hospitalization must be based on clear and convincing evidence that there is a serious risk the individual will harm himself, others, or property if not hospitalized. |
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Lee v. Lee
2005 ND 129
Highlight: A child support amount must be established in accordance with the guidelines. |
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Syvertson v. State
2005 ND 128
Highlight: When establishing a Brady violation, the knowledge of the North Dakota State Hospital is not imputed to the State's Attorney's Office. |
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Weinreis, et al. v. Hill, et al.
2005 ND 127 Highlight: A district court must consider the apparent or ostensible authority of an individual exercising the functions of a corporate officer to bind the corporation to an agreement. |
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Anderson, et al. v. Selby
2005 ND 126
Highlight: Parol evidence is admissible in an action to reform a deed when, through a mistake by one party which the other at the time knew of or suspected, the deed does not truly express the parties' intent. |
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State v. Hatlewick
2005 ND 125
Highlight: A conviction is supported by sufficient evidence when a rational fact finder, viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, is able to determine from the evidence that a defendant is guilty beyond a reasonable doubt. |
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State v. Seglen
2005 ND 124
Highlight: The Fourth Amendment prohibition against unreasonable searches and seizures applies only to government action and not to private parties. |
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Ebach v. Ebach
2005 ND 123 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. |
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Guardianship of Barros
2005 ND 122
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. |
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State v. Jackson (Consolidated w/20050021)
2005 ND 121 Highlight: Driving under suspension conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(3), and (7). |
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Beaudoin v. South Texas Blood & Tissue Center (Cross-reference w/20030148)
2005 ND 120
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. |
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Disciplinary Board v. Vela
2005 ND 119 Highlight: Lawyer suspension ordered. |
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Riverwood Commercial Park v. Standard Oil Co., Inc., et al.
2005 ND 118
Highlight: The purpose of the summary eviction statute is to provide an inexpensive, expeditious, and simple means to determine possession of property. |
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Martin v. Stutsman Co. Social Services, et al.
2005 ND 117
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. |
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Interest of D.A. (CONFIDENTIAL)
2005 ND 116 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. |
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Houn v. Workforce Safety and Insurance, et al.
2005 ND 115 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. |
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Tri-State Ins. Co. of Minnesota v. Commercial Group West, et al.
2005 ND 114 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. |
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Estate of Littlejohn
2005 ND 113 Highlight: The interpretation of an attorney in fact's authority under a power of attorney is generally governed by the rules for construing contracts. |
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Johnson v. Nodak Mutual Ins. Co.
2005 ND 112
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. |
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Brandner v. Brandner
2005 ND 111
Highlight: The trial court must determine net marital worth by considering all property and debt accumulated by the parties. |
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Berlin v. State
2005 ND 110 Highlight: A court may summarily dismiss a facially invalid application for post-conviction relief. |
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Disciplinary Board v. Edin (Consolidated w/ 20050011)
2005 ND 109 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. |
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Martin, et al. v. Berg, et al.
2005 ND 108
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. |
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Estate of Kimbrell (Consolidated w/20040322)
2005 ND 107 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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Klindt, et al. v. Pembina Co. Water Resource Bd., et al.
2005 ND 106
Highlight: Landowners are not required to appeal a water resource board's determination of benefits of a project to the state engineer if the cost of the project is less than $100,000. |
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State v. Driscoll
2005 ND 105
Highlight: A magistrate's probable-cause decision is reviewed using a totality-of-the-circumstances test. A substantial basis for the magistrate's conclusion must exist. |
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People to Save the Sheyenne River v. ND Dept.of Health (CON. w/20040377)
2005 ND 104 Highlight: In the absence of an adjudicative proceeding and findings of fact, appellate review of an administrative agency decision to issue a Pollutant Discharge Elimination System permit is to determine whether the decision is arbitrary, capricious, or unreasonable. |
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City of Grand Forks v. Lamb
2005 ND 103
Highlight: When a defendant appeals to the district court from a conviction in municipal court, the district court does not review the record and decision of the municipal court, but holds a new trial and independently determines whether the defendant has violated the ordinance. |
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Interest of R.F. (CONFIDENTIAL) (cross-ref. w/20030288)
2005 ND 102
Highlight: In some situations it may be reasonable for a doctor to conclude that less restrictive alternatives to hospitalization do not exist. |
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Rolette Co. Social Service Bd., et al. v. B.E. (CONFIDENTIAL)
2005 ND 101
Highlight: A dismissal of an action without prejudice may be final and appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum. |
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R.R. v. G.H. (CONFIDENTIAL) (Cross-ref. w/20040139 & 20040288)
2005 ND 100 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). |
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Oliver-Mercer Electric Coop. v. Davis, et al. (Consol. w/20040308)(see Memo)
2005 ND 99
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. |
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ND Human Rights Coalition, et al. v. Bertsch
2005 ND 98
Highlight: A trial court's decision to certify a class action will not be overturned on appeal unless the court abused its discretion. |
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Anderson v. Director, N.D. Dept. of Transportation
2005 ND 97
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. |
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Negaard v. Negaard (Consol. w/20040312) (Cross-Ref. w/20010251 & 20030174)
2005 ND 96
Highlight: An order or judgment finding a person guilty of contempt is a final order or judgment for purposes of appeal. |
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Koenig v. ND Dept. of Transportation
2005 ND 95 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. |
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Glasow v. E.I. Dupont De Nemours and Company, et al.
2005 ND 94 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. |
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Smith v. Kulig
2005 ND 93
Highlight: A landowner's only duty to a trespasser is to refrain from harming the trespasser in a willful and wanton manner. |
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Woods v. Ryan
2005 ND 92 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. |
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Bollin v. ND Dept. of Transportation
2005 ND 91
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. |
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Choice Financial Group v. Schellpfeffer, et al.
2005 ND 90 Highlight: Where partial summary judgment is rendered for only part of the damages sought by the plaintiff and consideration of further damages is reserved for a later date, the judgment is neither final nor on an entire claim, and there can be no certification of the partial summary judgment as final under N.D.R.Civ.P. 54(b). |
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State v. Olsen (Consolidated w/20050040)
2005 ND 89 Highlight: A criminal judgment following a jury conviction for burglary and a denial of post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3). |
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State v. Thompson
2005 ND 88 Highlight: An appeal from an order denying a motion to correct an illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (7). |
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Disciplinary Board v. Christensen (CONSOLIDATE W/ 20050139 & 20050140)
2005 ND 87 Highlight: Lawyer reprimanded and ordered to pay costs of disciplinary proceedings. |
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State v. Keller
2005 ND 86
Highlight: The right to a lesser-included-offense instruction requires that the offense be a lesser included offense of the greater, that the evidence be such that a jury could rationally find the defendant not guilty of the greater offense and guilty of the lesser, and generally, that the instruction be requested. |
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Eberts, et al. v. Billings Co. Board of Commissioners
2005 ND 85 Highlight: A board of county commissioners may condemn land for a road under quick take procedures in N.D.C.C. 24-05-09 through 24-05-15. |
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Cusey v. Nagel
2005 ND 84 Highlight: A person who petitions for a disorderly conduct restraining order must allege specific facts or threats. |
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Sorlie v. Workforce Safety and Insurance, et al.
2005 ND 83
Highlight: The pretermination due process procedures for terminating disability benefits do not apply to a lump-sum award. |
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Hanson v. Hanson
2005 ND 82
Highlight: A district court may modify a prior custody order after a two-year period following the date of entry of an order establishing custody if the court finds that a material change in circumstances has occurred and that the modification is necessary to serve the best interest of the child. A party seeking to modify a custody order bears the burden of showing that a change of custody is required. |
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Aker v. ND Department of Transportation
2005 ND 81 Highlight: A judgment reversing an administrative agency decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Jorgensen v. ND Dept. of Transportation
2005 ND 80 Highlight: Inclusion of chemical test results in an officer's certified report to the Director of the North Dakota Department of Transportation under N.D.C.C. 39-20-03.1(3) is a basic and mandatory provision without which the department may not suspend a person's driving privileges. |
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Edinger v. Governing Authority of Stutsman Co. Correctional Center
2005 ND 79 Highlight: When the information available to a governing body suggests a reasonable probability of future litigation or adversarial administrative proceedings, the governing body may close a portion of a public meeting and meet in executive session to receive and discuss the advice of its attorney. |
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Interest of B.M., et al. (CONFIDENTIAL)
2005 ND 78 Highlight: A judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Bleibaum
2005 ND 77 Highlight: A criminal judgment following a jury conviction for aggravated assault, a class C felony, is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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May v. Sprynczynatyk
2005 ND 76
Highlight: Failure of the Department of Transportation to file the transcript of the administrative hearing within twenty days, as required by N.D.C.C. 39-20-06, does not automatically mandate summary reversal of the decision suspending a driver's license. |
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State of ND v. NDSU, et al.
2005 ND 75
Highlight: For purposes of an insurance policy exclusion for surface water damage, surface water does not lose its character as surface water by being diverted underground through man-made structures. |
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Home of Economy v. Burlington Northern
2005 ND 74 Highlight: The Interstate Commerce Commission Termination Act of 1995 does not preempt state jurisdiction over railroad grade crossings. |
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Litoff v. Pinter
2005 ND 73 Highlight: An order denying a motion for reinstatement of unsupervised visitation is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Paulson v. Paulson
2005 ND 72
Highlight: A trial court cannot delegate to anyone the power to decide questions of child custody or related issues. |
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H-T Enterprises v. Antelope Creek Bison Ranch
2005 ND 71
Highlight: The purpose of the no-counterclaim provision in the eviction statute is to get a speedy determination of possession. |
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Harter v. ND Dept. of Transportation
2005 ND 70
Highlight: Section 39-20-04.1(1)(a), N.D.C.C., provides penalties for persons under the age of 21 who drive with a blood alcohol concentration of at least .02 percent by weight. |
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Guardianship/Conservatorship of Van Sickle (Consolidated w/20040224)
2005 ND 69
Highlight: The Supreme Court will determine a moot issue if the matter is capable of repetition, yet evading review. |
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Strand, et al. v. U.S. Bank National Association ND, et al.
2005 ND 68
Highlight: A party alleging that a contractual provision is unconscionable must demonstrate some quantum of both procedural and substantive unconscionability, and courts are to balance the various factors, viewed in totality, to determine whether the contractual provision is so one-sided as to be unconscionable. |
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Larson v. Larson
2005 ND 67
Highlight: In construing a statute, courts are to ascertain the legislature's intent, which initially must be sought from the statutory language itself, giving it its plain, ordinary, and commonly understood meaning. |
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Dvorak v. Dvorak
2005 ND 66
Highlight: Tax returns from the most recent five years are properly used to determine the self-employment income of an obligor in calculating child support obligations. |
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Buri v. Ramsey, et al.
2005 ND 65
Highlight: A trial court's determination about whether a conversion has been committed is a finding of fact which will not be overturned on appeal unless it is clearly erroneous. |
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Interest of A.M.S. (Consolidated w/20040269 & 20040270)
2005 ND 64
Highlight: Federal law permits decisions regarding rebuttal of child support payments to be made under criteria established by the State. |
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State v. Krull
2005 ND 63
Highlight: If a defendant does not object at trial to the introduction of a child's hearsay statements regarding sexual abuse, our inquiry is limited to whether the admission into evidence constitutes obvious error affecting substantial rights. |
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Doll v. ND Department of Transportation
2005 ND 62 Highlight: Guidelines for use of a standard solution are not part of the approved method for conducting an Intoxilyzer test unless the State Toxicologist expressly includes them in the approved method filed with the clerk of district court. |
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City of Horace v. City of Fargo
2005 ND 61
Highlight: Annexation statutes are construed liberally to encourage the natural and well-ordered development of municipalities. |
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Makeeff v. City of Bismarck
2005 ND 60
Highlight: A landowner is not immune from liability for an accident that occurs on the landowner's premises just because the accident was caused by a natural accumulation of snow and ice. |
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State v. Nelson
2005 ND 59
Highlight: If an application for a search warrant contains statements intentionally false or made with reckless disregard for the truth, the false material must be set aside, and if the remaining content is insufficient to establish probable cause, the warrant must be voided and the fruits of the search excluded. |
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Kastrow v. State
2005 ND 58 Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Wheeler v. Jahnke, et al. (Consol. w/20040362) (Cross-ref. w/20040341-20040343)
2005 ND 57 Highlight: A district court order affirming a magistrate's finding of probable cause to bind a defendant over for trial on charges of gross sexual imposition and encouraging the deprivation of a minor is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Jacob, et al. v. Nodak Mutual Ins. Co., et al.
2005 ND 56
Highlight: Age alone, without other evidence, is insufficient to survive a motion for summary judgment in an age discrimination case. |