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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

5911 - 5920 of 12359 results

Lee, et al. v. Owan 2003 ND 13
Docket No.: 20020253
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: A trial court judgment finding the terms of an oral contract were definite and the parties' performance was sufficient to remove the contract from the statute of frauds is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Howe, et al. v. Microsoft Corporation, et al. 2003 ND 12
Docket No.: 20020075
Filing Date: 1/28/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: Class certification is not automatically precluded because individual issues will remain after the common questions of law and fact have been resolved.
A trial court is to determine whether to certify a class action without delving into the merits of the case.
A motion for class certification is not to be treated as a motion for summary judgment, and the plaintiffs are not required to present evidence to support each element of their claims.
At the class certification stage, a trial court may consider expert evidence as long as the basis of the expert's opinion is not so blatantly flawed that, on its face, it would be inadmissible as a matter of law.

Disciplinary Board v. Lee 2003 ND 11
Docket No.: 20020326
Filing Date: 1/23/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for one year.

Dennison v. ND Dept. of Human Services 2003 ND 10
Docket No.: 20020186
Filing Date: 1/23/2003
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: The State's recorded homestead statement for old age assistance benefits under N.D.R.C. 50-0707 (1943) runs against the recipient of benefits and not against the land, and the State's claim against the recipient's estate may be extinguished if not pursued in a timely manner.

Jundt v. Jurassic Resources, et al. 2003 ND 9
Docket No.: 20010313
Filing Date: 1/22/2003
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: A trial court abuses its discretion only when it acts in an unreasonable, arbitrary, or unconscionable manner, when its decision is not the product of a rational mental process leading to a reasoned decision, or when it misinterprets or misapplies the law.
A governor of a limited liability company must discharge his or her duties in good faith.
All members in a closely held limited liability company owe one another a duty to act in an honest, fair, and reasonable manner in the operation of the limited liability company.

Wilson v. Farmers Insurance Group 2003 ND 8
Docket No.: 20020209
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Insurance
Author: Neumann, William

Highlight: Except when the evidence is such that a reasoning mind could draw only one conclusion, whether an insured substantially complied with an insurance policy provision is a question of fact precluding summary judgment.

State, et al. v. Gratech Co., et al. 2003 ND 7
Docket No.: 20020211
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: Absent a specific statutory or contractual exclusion, arbitrators have jurisdiction to determine whether a party has complied with procedural conditions precedent to arbitration.

State v. Hammeren 2003 ND 6
Docket No.: 20020187
Filing Date: 1/17/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: The defendant has the burden of proving, by a preponderance of evidence, the affirmative defense of entrapment.
The statute permitting minors to be transferred from juvenile court to the district court for certain crimes was enacted to treat minors as adults for purposes of prosecution. Thus, law enforcement officers are entitled to investigate minors engaged in drug-related activity the same way they would an adult.

Engh v. Engh 2003 ND 5
Docket No.: 20020044
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A party moving for a change in child custody within two years after entry of an order establishing custody may get an evidentiary hearing only if the trial court first determines the moving party has established a prima facie case justifying a modification by showing willful interference with visitation, danger to the child's health, or a change in primary physical care of the child to the other parent for longer than six months.

Kondrad v. Bismarck Park District 2003 ND 4
Docket No.: 20020196
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: While the law does not favor contracts exonerating parties from liability for their conduct, parties are bound by clear and unambiguous language evidencing an intent to extinguish liability.

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