Opinions

Weiss, et al. v. Collection Center, Inc., et al. 2003 ND 128
Docket No.: 20020327
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: The least-sophisticated-consumer standard is used to determine whether a debt collector has used false or misleading practices to collect a debt.
A cause of action for intentional infliction of emotional distress requires proof of extreme and outrageous conduct that is intentional or reckless and causes severe emotional distress.

Interest of D.P.O.(CONFIDENTIAL) (Consolidated w/20030020) 2003 ND 127
Docket No.: 20030002
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Establishment of a psychological parent relationship does not end the trial court's inquiry in making a custody decision, but merely furnishes a justification for the award of custody to a party other than the natural parent.
When a psychological parent and a natural parent each seek a court-ordered award of custody, the natural parent's paramount right to custody prevails unless the court finds it in the child's best interests to award custody to the psychological parent to prevent serious harm or detriment to the child.
As a prerequisite to awarding grandparent visitation, the trial court must determine whether the visitation would be in the best interests of the child and whether the visitation would interfere with the parent-child relationship.

Matter of Fosaaen (CONFIDENTIAL) 2003 ND 126
Docket No.: 20030195
Filing Date: 8/15/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer transferred to incapacitated status.

Valley Honey Co. v. Graves, et al. 2003 ND 125
Docket No.: 20020254
Filing Date: 7/21/2003
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: If a condition appears on the face of a grant of real property, the grant takes effect on performance of the condition.
On a motion to amend judgment for additional costs, a party must provide the court with sufficient grounds for why it failed to bring the cost in its original affidavit of costs.

Lawrence v. Roberdeau, et al. (consolidated w/20030061) 2003 ND 124
Docket No.: 20030060
Filing Date: 7/18/2003
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: Witness immunity bars a suit challenging a witness's testimony.
A state employee is not personally liable for money damages in a negligence case when the injury is proximately caused by the employee acting within the scope of employment.

Bladow v. Bladow 2003 ND 123
Docket No.: 20030011
Filing Date: 7/18/2003
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: The proceeds of a personal injury settlement received during the marriage are part of the marital estate, and their distribution is part of the equitable distribution of property in a divorce.

Ringsaker v. Workforce Safety and Insurance 2003 ND 122
Docket No.: 20020335
Filing Date: 7/18/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: Litigants have a duty to comply with clearly communicated case-management orders.
Service of a brief by mail is complete upon mailing, but filing requires actual receipt.
A trial court may take any appropriate action against any person failing to perform an act required by court order.

Gonzalez v. Tounjian, et al 2003 ND 121
Docket No.: 20020263
Filing Date: 7/18/2003
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: A lessor who retains control over common areas of an apartment building has a duty to exercise reasonable care to keep the common areas safe.
An expert witness need not be a specialist in a particularized field, have a formal title or specific certification, or be licensed in any particular field. Expert testimony is admissible if the trial court determines the expert's knowledge, training, education, or experience will assist the trier of fact.
The trier of fact in a tort case may award interest on past noneconomic damages.
Interest on future damages is not allowed in a tort case.

Smith v. Baumgartner 2003 ND 120
Docket No.: 20020323
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute.
The legislative policy behind the enactment of the Uniform Interstate Family Support Act ("UIFSA") of ensuring uniform recognition and enforcement of child foreign child support orders among the states supports a rational inference that the legislature intended retroactive application.

State v. Schwab 2003 ND 119
Docket No.: 20020306
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion.
On appeal, a trial court's jury selection process is reviewed using an abuse of discretion standard.
A potential juror's acquaintance with a possible witness is not implied bias.
In a fair-cross-section challenge, a defendant must show the group alleged to be excluded is a distinctive group in the community, the representation of the group is not fair and reasonable in relation to the number of such persons in the community, and the group was systematically excluded in the jury selection process.