Opinions

Disciplinary Board v. Schoppert 2003 ND 54
Docket No.: 20030097
Filing Date: 4/2/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Lawrence v. Delkamp (CON w/20020291) 2003 ND 53
Docket No.: 20020244
Filing Date: 4/1/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Skjervem v. Minot State Univ. 2003 ND 52
Docket No.: 20020236
Filing Date: 3/31/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: When no pertinent evidence on an essential element of a party's claim is presented in resistance to a motion for summary judgment, it is presumed no such evidence exists.

Questa Resources, et al. v. Stott, et al. 2003 ND 51
Docket No.: 20020267
Filing Date: 3/31/2003
Case Type: Appeal - Civil - Foreclosure
Author: Kapsner, Carol

Highlight: A foreign corporation creating and enforcing a security interest by way of a mortgage is not required to obtain a certificate of authority in this state prior to bringing an action to foreclose the mortgage.

Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co. 2003 ND 50
Docket No.: 20020073
Filing Date: 3/26/2003
Case Type: Appeal - Civil - Insurance
Author: Maring, Mary

Highlight: Liability coverage for bodily injury because of an auto accident results under an insurance policy if the use of the auto arises out of the inherent nature of the auto.
For a person to be a gratuitous employee, that person's employer must have expressly or impliedly requested the employee's help.
Policy coverage cannot be defeated simply because a separate excluded risk constitutes an additional cause of the injury.
Implied indemnity for settlements is allowed if the indemnitee has a reasonable belief of potential liability, even though it is ultimately determined that the indemnitee had no interest to protect.
The right to sue for implied indemnity does not arise until the indemnitee has suffered actual loss through payment, settlement, or through the injured party's obtaining an enforceable judgment against the indemnitee.

Judicial Vacancy in District Judgeship No. 7, East Central District 2003 ND 49
Docket No.: 20030073
Filing Date: 3/26/2003
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Court orders Judgeship No. 7, with chambers in Hillsboro, East Central Judicial District, be retained and filled.

Amyotte v. Rolette Co. Housing Authority 2003 ND 48
Docket No.: 20020191
Filing Date: 3/26/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: A landlord's duty to protect others from harm by an animal on the premises arises only when the landlord knows that the animal is dangerous and presents an unreasonable risk of harm.
An issue of fact becomes a question of law if reasonable persons could reach only one conclusion from the evidence.

Weaver v. State 2003 ND 47
Docket No.: 20020312
Filing Date: 3/26/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: A trial court properly grants summary disposition of an application for post-conviction relief when the State's motion for summary disposition meets the initial burden of showing the application does not raise a genuine issue of material fact.

Steinbach v. State 2003 ND 46
Docket No.: 20020322
Filing Date: 3/26/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: A trial court can summarily dispose of a post-conviction relief application for misuse of process. Process is misused when the defendant: (1) inexcusably fails to raise an issue on direct appeal and now seeks review in an application for post-conviction relief; (2) inexcusably fails to pursue an issue on appeal which was raised at the trial court; (3) inexcusably fails to raise an issue in an initial post-conviction relief application.
Although a party seeking a summary disposition bears the initial burden of showing there is no genuine issue of material fact, that burden may be shifted to the nonmoving party once the moving party points out to the district court there is an absence of evidence to support the nonmoving party's case.

Morris v. Job Service 2003 ND 45
Docket No.: 20020258
Filing Date: 3/26/2003
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Sandstrom, Dale

Highlight: A claimant for unemployment benefits has the burden of establishing the claimant, rather than the claimant's employers, contributed to a pension fund, to avoid the pension offset provisions of N.D.C.C. 52-06-02(15).
The pension offset provisions of N.D.C.C. 52-06-02(15) do not distinguish between amounts contributed to a pension fund by an employer and amounts contributed to a pension fund by an employer under the directives of a collective bargaining agreement.