Opinions

Kouba v. State of North Dakota, et al. 2004 ND 186
Docket No.: 20040129
Filing Date: 10/12/2004
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Maring, Mary

Highlight: Public policy demands that the State retain immunity for the exercise of discretionary acts in its official capacity, including legislative, judicial, quasi-legislative, and quasi-judicial functions.
The adjudicative acts performed by State officials in carrying out their duties are quasi-judicial in nature, and, therefore, immune from liability.
When a governmental agency systemically disregards the requirements of law, reversal may be required to ensure the government acts consistently and predictably in accordance with the law.

Kouba v. Hoeven, et al. 2004 ND 185
Docket No.: 20040138
Filing Date: 10/12/2004
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Kapsner, Carol

Highlight: A petitioner for a writ of mandamus must demonstrate a clear legal right to performance of the act sought to be compelled by the writ and must demonstrate there is no other plain, speedy, and adequate remedy in the ordinary course of the law.

Baity v. Workforce Safety & Insurance, et al. 2004 ND 184
Docket No.: 20040096
Filing Date: 10/12/2004
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: Supplementary disability benefits may be awarded only after Workforce Safety and Insurance has determined the claimant is incapable of rehabilitation of earnings capacity and is therefore permanently and totally disabled.
An agency's systemic disregard of the law may warrant reversing the agency decision without a showing of prejudice by the party relying on the improper conduct, but evidence of a single improper act is not sufficient to establish systemic disregard.

Interest of R.R. (CONFIDENTIAL) 2004 ND 183
Docket No.: 20040265
Filing Date: 10/12/2004
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court is required only to determine whether treatment other than hospitalization is appropriate, not which unit in the hospital is appropriate.
A district court order requiring treatment at the State Hospital is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of K.G. (CONFIDENTIAL) 2004 ND 182
Docket No.: 20040264
Filing Date: 10/12/2004
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order revoking alternative treatment and requiring treatment at the State Hospital is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Ernst v. Burdick, et al. (Consolidated w/20040105) 2004 ND 181
Docket No.: 20040104
Filing Date: 10/12/2004
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: The statutory provisions for criminal history record collection and dissemination under N.D.C.C. ch. 12-60 do not create a private cause of action for violations.

Disciplinary Board v. Secrest 2004 ND 180
Docket No.: 20040243
Filing Date: 10/4/2004
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded and ordered to pay costs of disciplinary proceedings for violating N.D.R. Prof. Conduct 1.4(b).

Hansen, et al. v. Scott, et al. (Cross-reference w/20010195) 2004 ND 179
Docket No.: 20040044
Filing Date: 9/23/2004
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: When applying principles of comity, it is not against North Dakota public policy to grant a sister state's employees the same level of immunity North Dakota state employees enjoy.

Evenson v. Quantum Industries, Inc., et al. 2004 ND 178
Docket No.: 20040033
Filing Date: 9/17/2004
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: The parol evidence rule precludes the use of evidence of prior oral negotiations and agreements to vary or add to the terms expressed in a written contract.
Preliminary oral statements and promises related to the terms of the contract do not provide the basis for a fraud claim if there is a subsequent written contract.

Jackson v. State 2004 ND 177
Docket No.: 20030365
Filing Date: 9/15/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief based on alleged ineffective assistance of trial counsel is summarily affirmed under N.D.R.App.P. 35.1(a)(2).