Opinions

Superpumper, Inc. v. Nerland Oil, et al. 2003 ND 33
Docket No.: 20020214
Filing Date: 3/5/2003
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Lack of finality in an arbitration decision is not sufficient ground to overturn an award.
An arbitration decision may be upheld on appeal even if it is based on a mistake of fact or law or has a possibility of being brought to court at some later date on an issue not fully addressed by the arbitrator.

D.D.I., Inc., et al. v. State Tax Commissioner 2003 ND 32
Docket No.: 20020241
Filing Date: 3/5/2003
Case Type: Appeal - Civil - Constitutional Law
Author: Kapsner, Carol

Highlight: A facially discriminatory tax may survive Commerce Clause scrutiny if the tax is a compensatory or complementary tax designed to make interstate commerce bear a burden already born by intrastate commerce.
For a facially discriminatory tax to be a valid compensatory tax, the state must identify the intrastate tax burden for which the state is attempting to compensate, the tax on interstate commerce must be shown roughly to approximate, but not exceed, the amount of the tax on intrastate commerce, and the events on which the interstate and intrastate taxes are imposed must be substantially equivalent.
In determining whether a tax is discriminatory, the risk of multiple taxation may be considered in assessing a Commerce Clause claim and the internal consistency doctrine does not require other states to actually impose a tax similar to the challenged tax.
N.D.C.C. 57-38-01.3(1)(g) is unconstitutional.

Simpson, et al. v. Chicago Pneumatic Tool Co., et al. 2003 ND 31
Docket No.: 20020171
Filing Date: 3/5/2003
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: A trial court's discovery decision and denial of a motion for new trial will not be reversed on appeal unless the court abused its discretion.

State v. Anderson 2003 ND 30
Docket No.: 20020229
Filing Date: 3/5/2003
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Even if there was a motion in limine, failure to object at trial operates as a waiver of the claim of error unless the alleged error amounts to an obvious error affecting the substantial rights of the defendant.
A trial court does not err in admitting letters a defendant wrote to the victim if the letters were evidence of the ongoing course of conduct between the defendant and the victim with which the defendant was charged in the complaint.

Neidviecky v. Neidviecky 2003 ND 29
Docket No.: 20020176
Filing Date: 3/5/2003
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: In reviewing a trial court's award of custody between two fit parents, the Supreme Court will not retry the case or substitute its judgment for that of the trial court.
Prior to making an equitable distribution of the marital property in a divorce action, the trial court must include as part of the marital estate all of the parties' assets, regardless of the source, and the court must include as marital debt all loans, including those incurred prior to the marriage or after the parties separated.

Jensen v. State (Consol. w/20020147-148) 2003 ND 28
Docket No.: 20020146
Filing Date: 3/5/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order summarily denying an amended application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Peltier v. State (Consolidated w/20020233, 20020234 & 20020235) 2003 ND 27
Docket No.: 20020232
Filing Date: 3/5/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: Upon revocation of probation, the court is not bound by the terms of the plea agreement and may sentence a defendant to any sentence that was available at the time of the initial sentencing.

Continental Resources, Inc. v. Schmalenberger, et al. 2003 ND 26
Docket No.: 20020179
Filing Date: 2/21/2003
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Sandstrom, Dale

Highlight: Without a former client's consent, a lawyer may not represent another client in the same or a substantially related matter in which that client's interests are materially adverse to the interest of the former client.

Interest of T.M.H. (CONFIDENTIAL) 2003 ND 25
Docket No.: 20020138
Filing Date: 2/19/2003
Case Type: Appeal - Criminal - Juvenile Law
Author: Neumann, William

Highlight: Sufficient evidence existed to support placement of a delinquent minor in a residential facility rather than at the minor's parent's home.

Hartman v. Estate of Miller, et al. 2003 ND 24
Docket No.: 20020167
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: An insurer has a duty to act fairly and in good faith in dealing with its insured, including a duty of fair dealing in paying claims, providing defenses to claims, negotiating settlements, and fulfilling all other contractual obligations.
An insurer is held to know North Dakota law regarding the interpretation of an insurance contract.
In a personal injury protection endorsement for no-fault benefits, bodily injury includes post-traumatic stress disorder accompanied by physical manifestations.