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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.

5981 - 5990 of 12428 results

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.

Higgins v. Trauger (Consolidated w/20020133) 2003 ND 3
Docket No.: 20020132
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Collusion does not require fraudulent conduct.
Whether collusion has occurred is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.

Downing v. ND Workers Comp., et al. 2003 ND 2
Docket No.: 20020257
Filing Date: 1/17/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: Judgment of the district court affirming a final order of the North Dakota Workers Compensation Bureau is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Duemeland v. Norback 2003 ND 1
Docket No.: 20020124
Filing Date: 1/3/2003
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: A document is ambiguous when reasonable arguments can be made for different interpretations of the meaning of the document.

Estate of Gleeson 2002 ND 211
Docket No.: 20020117
Filing Date: 12/30/2002
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Neumann, William

Highlight: A person protected by a conservatorship retains the capacity to contract or engage in other transactions under our conservatorship statutes.

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