Opinions
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5901 - 6000 of 12382 results
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Weaver v. State
2003 ND 47 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. |
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Steinbach v. State
2003 ND 46
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. |
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Morris v. Job Service
2003 ND 45
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). |
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Koehler v. County of Grand Forks, et al.
2003 ND 44
Highlight: A plaintiff alleging a failure-to-promote discrimination claim under the North Dakota Human Rights Act must show: (1) she was a member of a protected group; (2) she was qualified and applied for a promotion to an available position; (3) she was rejected; and (4) a similarly qualified employee who was not part of a protected group was promoted instead. |
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American Ntl. Fire Ins. Co. v. Hughes
2003 ND 43
Highlight: An insurer is precluded from obtaining subrogation from its insured. |
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Gronfur v. Workers Comp., et al.
2003 ND 42
Highlight: When reapplying to resume discontinued disability benefits, a claimant must prove an actual wage loss caused by a significant change in the compensable medical condition. |
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City of Grand Forks v. Ramstad
2003 ND 41
Highlight: To establish a Brady violation, the defendant must show the prosecution withheld evidence which was favorable to him. |
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Wilson v. State
2003 ND 40 Highlight: A judgment summarily denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). |
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Murchison v. State
2003 ND 38
Highlight: A court may deny a post-conviction application on the grounds of misuse of process when a defendant inexcusably fails to pursue an issue leading to judgment of conviction, inexcusably fails to pursue an issue on appeal having raised the issue in the trial court, or inexcusably fails to raise an issue in an initial post-conviction proceeding. |
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Hegland v. McKechnie
2003 ND 37
Highlight: The details of prior private discipline should not be alleged in a petition for public discipline. |
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State v. Jahner
2003 ND 36
Highlight: Failure to raise an appropriate objection in the trial court waives the right, and the issue cannot be raised for the first time on appeal. Waiver applies to all rights and privileges to which a person is legally entitled when they are for the benefit of and rest in the individual who waived them. |
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City of Jamestown v. Tahran
2003 ND 35 Highlight: A criminal ordinance prohibiting the storage of junk on any private property, except in an enclosed building or on the premises of a licensed junk dealer, in a city is not a zoning ordinance. |
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Berger v. Holt
2003 ND 34 Highlight: A parent's legal obligation to support his or her child continues when the child is placed in foster care. |
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Superpumper, Inc. v. Nerland Oil, et al.
2003 ND 33
Highlight: Lack of finality in an arbitration decision is not sufficient ground to overturn an award. |
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D.D.I., Inc., et al. v. State Tax Commissioner
2003 ND 32
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. |
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Simpson, et al. v. Chicago Pneumatic Tool Co., et al.
2003 ND 31 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. |
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State v. Anderson
2003 ND 30
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. |
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Neidviecky v. Neidviecky
2003 ND 29
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. |
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Jensen v. State (Consol. w/20020147-148)
2003 ND 28 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). |
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Peltier v. State (Consolidated w/20020233, 20020234 & 20020235)
2003 ND 27 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. |
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Continental Resources, Inc. v. Schmalenberger, et al.
2003 ND 26 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. |
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Interest of T.M.H. (CONFIDENTIAL)
2003 ND 25 Highlight: Sufficient evidence existed to support placement of a delinquent minor in a residential facility rather than at the minor's parent's home. |
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Hartman v. Estate of Miller, et al.
2003 ND 24
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. |
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State v. Olson (consol. w/20020092)
2003 ND 23
Highlight: Probation revocation is not a stage of a criminal proceeding. |
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Disciplinary Board v. McKechnie
2003 ND 22
Highlight: A lawyer is publicly reprimanded and ordered to pay the costs of the disciplinary proceedings for violating N.D.R. Prof. Conduct 1.4(b). |
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First Western Bank & Trust v. First Lutheran Church Foundation, et al.
2003 ND 21
Highlight: The parties have the primary duty to bring to the court's attention the proper rules of law applicable to a case. |
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Hanson v. Hanson
2003 ND 20
Highlight: N.D.R.Civ.P. 59(j) does not apply to a motion for change of custody. Rather, a motion to modify custody is properly brought under N.D.C.C. 14-09-06.6. |
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State v. Holzer
2003 ND 19 Highlight: When challenging the validity of a search warrant based on an allegation of information being omitted from the application for the warrant, the defendant must show (1) that the police omitted facts with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading, and (2) that the affidavit if supplemented by the omitted information would not have been sufficient to support a finding of probable cause. |
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Wagner v. Squibb, et al.
2003 ND 18 Highlight: Without a sufficient transcript of the trial court proceedings, this Court cannot make a meaningful and intelligent review of a trial court's decision. |
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Moen v. State
2003 ND 17
Highlight: To pursue a claim against the State or a state employee, a person must give notice of the claim within 180 days "after the alleged injury is discovered or reasonably should have been discovered." |
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Shields v. Shields
2003 ND 16 Highlight: Spousal support is appropriate for a disadvantaged spouse who has foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse's increased earning capacity. |
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State v. Leppert
2003 ND 15
Highlight: The 2001 amendments to N.D.C.C. 31-13-03 authorize DNA testing of persons convicted of nonsexual felonies and establish a DNA data base for the test results of persons convicted of those offenses. |
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Rittenour, et al. v. Gibson
2003 ND 14
Highlight: A tenant knowing of a dangerous condition on the premises has a duty to warn a social guest. |
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Lee, et al. v. Owan
2003 ND 13 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). |
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Howe, et al. v. Microsoft Corporation, et al.
2003 ND 12
Highlight: Class certification is not automatically precluded because individual issues will remain after the common questions of law and fact have been resolved. |
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Disciplinary Board v. Lee
2003 ND 11 Highlight: Lawyer suspended from the practice of law for one year. |
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Dennison v. ND Dept. of Human Services
2003 ND 10 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. |
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Jundt v. Jurassic Resources, et al.
2003 ND 9
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. |
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Wilson v. Farmers Insurance Group
2003 ND 8 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. |
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State, et al. v. Gratech Co., et al.
2003 ND 7 Highlight: Absent a specific statutory or contractual exclusion, arbitrators have jurisdiction to determine whether a party has complied with procedural conditions precedent to arbitration. |
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State v. Hammeren
2003 ND 6
Highlight: The defendant has the burden of proving, by a preponderance of evidence, the affirmative defense of entrapment. |
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Engh v. Engh
2003 ND 5 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. |
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Kondrad v. Bismarck Park District
2003 ND 4 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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Higgins v. Trauger (Consolidated w/20020133)
2003 ND 3
Highlight: Collusion does not require fraudulent conduct. |
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Downing v. ND Workers Comp., et al.
2003 ND 2 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). |
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Duemeland v. Norback
2003 ND 1 Highlight: A document is ambiguous when reasonable arguments can be made for different interpretations of the meaning of the document. |
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Estate of Gleeson
2002 ND 211 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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State v. Bingaman
2002 ND 210 Highlight: In determining whether to order restitution, a court may take into account the defendant's ability to pay the restitution amount. |
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Hilton v. ND Education Association, et al.
2002 ND 209
Highlight: Counselors who were certified under N.D.C.C. ch. 15-36 and who did not devote more than fifty percent of their time to administration duties were teachers under N.D.C.C. ch. 15-38.1. |
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State v. Weisz
2002 ND 207
Highlight: When a party fails to adequately preserve an issue for appellate review, appellate inquiry is limited to noticing obvious error. |
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Sweeney v. Sweeney
2002 ND 206
Highlight: A trial court's decision whether to change custody is a finding of fact subject to the clearly erroneous standard of review on appeal. |
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Gawryluk v. Poynter, et al.
2002 ND 205 Highlight: The Duhig rationale applies to a grantor's overconveyance of mineral interests, and if the grantor does not own enough mineral interests to satisfy the conveyance, the conveyance is construed as a transfer of all the grantor's mineral interests. |
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Grand Forks Professional Baseball, Inc., et al. v. Workers Comp.
2002 ND 204 Highlight: An officer or director of a corporation can be held personally liable for unpaid worker's compensation insurance premiums even though that officer or director does not own stock in the corporation. |
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State v. Boyd
2002 ND 203
Highlight: A community caretaking encounter does not involve detecting, investigating, or acquiring evidence related to a potential legal violation. |
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State v. Bingaman (cross-reference w/20020134)
2002 ND 202 Highlight: To prove obvious error, a party must show (1) error, (2) which is plain, and (3) that affects substantial rights. |
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Wanner v. N.D. Workers Comp. Bureau
2002 ND 201
Highlight: While a failure to report income from work is material to the Bureau's ability to determine a claimant's entitlement to benefits and to calculate the amount of benefits, a failure to report money received apart from work is not similarly material |
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State v. Hernandez
2002 ND 200 Highlight: Judgment entered on defendant's guilty plea to gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of G.H.
2002 ND 199 Highlight: A district court order requiring treatment at the State Hospital is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Mohamed
2002 ND 198 Highlight: Conviction of child abuse and neglect is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Disciplinary Board v. Sundby
2002 ND 197 Highlight: Interim suspension of lawyer ordered. |
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Larson v. Larson
2002 ND 196 Highlight: A motion to reconsider an order disposing of a time-tolling, post-trial motion does not extend the time to file a notice of appeal. |
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Greybull v. Harlan
2002 ND 195 Highlight: Denial of motion to reduce child support payment summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Giese v. Giese
2002 ND 194
Highlight: A party cannot demand a change of judge under N.D.C.C. 29-15-21 when the assigned judge has ruled upon any matter pertaining to an action or proceeding in which the demanding party was heard or had an opportunity to be heard. |
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State v. Jones
2002 ND 193
Highlight: A defendant charged with a felony has a right to a preliminary hearing and, if assisted by counsel, can waive this right. |
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Ramsey Co. Social Serv. Bd., et al. v. Kamara
2002 ND 192
Highlight: When seeking modification of a child support order within one year of its entry, the party seeking modification must establish that a material change of circumstances has occurred. |
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Interest of F.R.S.
2002 ND 191 |
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State v. Skorick
2002 ND 190
Highlight: A trial court errs when it permits witnesses to remain in the courtroom for purposes of returning as rebuttal witnesses despite a request for sequestration. The error may be harmless when the testimony by the rebuttal witness did not affect the defendant's substantial rights. |
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State v. Dunn
2002 ND 189
Highlight: Persons have a reasonable privacy expectation in their personal property, which is protected by the Fourth Amendment proscription against unreasonable search and seizure. |
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Interest of D.Q., et al. (Confidential) (Consolidated w/20020079)
2002 ND 188 Highlight: A district court's review of a judicial referee's findings and recommendations under Administrative Rule 13, section 11(b), when it is a review of the record, is governed by N.D.R.Civ.P. 53, and the district court is obliged to accept the referee's findings unless they are clearly erroneous. |
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Walker v. Walker
2002 ND 187
Highlight: Use of the Bullock formula to distribute retirement pay is not mandatory if the overall distribution of marital property is equitable. |
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Myhre v. ND Workers Comp.
2002 ND 186
Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence a causal relationship between her employment and the medical condition for which benefits are sought. |
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Hamilton v. Oppen, et al.
2002 ND 185
Highlight: Averaging individual jurors' estimates of percentages of fault is not improper in a quotient verdict, but the jurors' prior agreement to be bound by the result of the computation invalidates the verdict. |
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Jensen v. State
2002 ND 184 Highlight: Judgment denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Robinson
2002 ND 183 Highlight: Defendant's sentence for accomplice to attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Asbridge
2002 ND 182 Highlight: Lawyer suspended from the practice of law for 30 days. |
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Jacobson v. Garaas (Consolidated w/ 20020113)
2002 ND 181
Highlight: A petition for discipline is sufficient if it places the attorney on notice of the nature of the allegations against him. |
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Intel-Foods Corporation v. Alexander, et al.
2002 ND 180 Highlight: An order denying a motion for a new trial on the basis of newly discovered evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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Wilson v. Koppy
2002 ND 179 Highlight: Mandamous is not available when there is another remedy at law. |
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Adoption of S.A.L. (CONFIDENTIAL)
2002 ND 178 Highlight: A parent can effectively waive the right to court-appointed counsel in a parental termination proceeding. An effective waiver must be a voluntary, knowing, and intelligent relinquishment of the benefits of counsel. |
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Obrigewitch v. Director, N.D. Dept. of Transportation
2002 ND 177
Highlight: Probable cause to arrest a person for being in actual physical control of a vehicle while under the influence of intoxicating liquor can exist without establishing the location of the ignition key. |
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State v. Aune
2002 ND 176 Highlight: A trial court may order a condition of probation requiring the probationer to stay away from a specific place. |
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Larson v. Norkot Manufacturing, et al.
2002 ND 175 Highlight: For a cause of action for an attorney's legal malpractice, there must be damages to the client proximately caused by the attorney's breach of a duty to the client; the statute of limitations does not begin to run until the client has incurred some damages from the alleged malpractice; and the statute of limitations is tolled until the client knows, or with reasonable diligence should know, of the injury, its cause, and the defendant attorney's possible negligence. |
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Meljie v. ND Workers Comp. Bureau
2002 ND 174
Highlight: For determining a worker's average weekly wage for receiving a disability benefit, "seasonal employment" includes an occupation that has periods of forty-five consecutive days of not receiving wages. |
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Hilgers v. Hilgers
2002 ND 173
Highlight: A decision to appoint a guardian ad litem for a child is within the trial court's discretion, and its determination will not be overturned absent an abuse of discretion. |
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State v. Fontaine
2002 ND 172 Highlight: Conviction for simple assault of a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Leher
2002 ND 171 Highlight: A police officer approaching a stopped vehicle and inquiring in a conversational manner whether the occupant is okay or needs assistance is not a Fourth Amendment seizure. An officer directing a citizen to exit a parked vehicle, or otherwise ordering a citizen to do something may be a Fourth Amendment seizure. |
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State v. Fitterer
2002 ND 170
Highlight: Moving papers for a motion to suppress evidence require neither exceptional particularity nor supporting affidavits or other evidence, but must provide adequate notice to the trial court and the prosecution of the issues being raised. |
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State v. Rohde (consolidated w/20020030-20020033)
2002 ND 169 Highlight: Appeal from a conviction for driving under suspension or revocation, driving without liability insurance, and driving while under the influence of intoxicating liquor is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Hemmesch v. Bonebrake
2002 ND 168 Highlight: Property division, temporary spousal support award, and refusal to award attorney fees is summarily affirmed, as modified, under N.D.R.App.P. 35.1(a)(2) and (4). |
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Johnson v. ND Dept. of Transportation
2002 ND 167 Highlight: License suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Whiteman v. State
2002 ND 166 Highlight: Trial court judgment dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Judicial Conduct Commission v. Berg
2002 ND 165 Highlight: Former municipal judge censured and prohibited from serving in the future as a municipal judge. |
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Interest of K.S. and A.S. (CONFIDENTIAL)
2002 ND 164 Highlight: To terminate parental rights under N.D.C.C. 27-20-44(1)(b)(1), the juvenile court must find clear and convincing evidence that: (1) the child is a deprived child; (2) the conditions and causes of the deprivation are likely to continue; and (3) the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm. |
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State v. Jones
2002 ND 163 Highlight: Without a showing of excusable neglect, a trial court's denial of a request for an extension of time to file a notice of appeal is not an abuse of discretion. |
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Kimball v. Landeis, et al.
2002 ND 162
Highlight: Summary judgment is not appropriate in a negligence action if the disputed facts and permissible inferences from those facts are such that reasonable persons could reach different conclusions from those facts and inferences. |
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Gross v. N.D. Dept. of Human Services
2002 ND 161 Highlight: A decision by the Department of Human Services to place a medicaid recipient in the lock-in program is an appealable order. |
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Huntress, et al. v. Griffey
2002 ND 160 Highlight: When the trial court's findings of fact are inadequate, an appellate court is unable to properly review the trial court's decision. |
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Quamme v. Bellino
2002 ND 159
Highlight: When there has been an initial award of spousal support, the district court retains jurisdiction to modify the award at least as long as the spousal support continues. |
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Argenziano v. State
2002 ND 158 Highlight: Summary judgment dismissing a breach of contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). |
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J.B. v. M.R. (CONFIDENTIAL)
2002 ND 157 Highlight: Custody judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |