Opinions

Rush v. ND Workers Comp., et al. 2002 ND 129
Docket No.: 20010282
Filing Date: 8/15/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence that the medical condition for which benefits are sought is causally related to the work injury.

Meide, et al. v. Stenehjem, et al. 2002 ND 128
Docket No.: 20010273
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone if possible.
Extrinsic evidence is considered only if the language of the agreement is ambiguous and the parties' intentions cannot be determined from the writing alone.

New Town Public School Dist. v. State Bd. of Public School Ed. 2002 ND 127
Docket No.: 20020071
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: An administrative agency may deviate from a prior decision if it rationally explains the reason for its departure.
Appellate court gives appreciable deference to agency expertise if the subject matter of agency decision is technical.
A party raising a constitutional claim must provide persuasive authority and reasoning or forego the constitutional challenge entirely.

BeauLac v. BeauLac 2002 ND 126
Docket No.: 20010316
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: To find a person in contempt of a prior court order, that person must have had actual notice or knowledge of that order.
Although the courts do not look favorably upon separating siblings in custody cases, a split custody award is not absolutely prohibited where the trial court finds that type of custody arrangement desirable under the circumstances.
Although a trial court should make specific factual findings and conclusions regarding the statutory presumption against awarding custody to a person who has perpetrated domestic violence, specific findings are not required when there is insufficient evidence of domestic violence to trigger the presumption.

Sjostrand v. ND Workers Comp., et al. 2002 ND 125
Docket No.: 20010271
Filing Date: 8/15/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: The Workers Compensation Bureau's termination of an injured worker's disability benefits for a false claim or false statement, without first providing an opportunity for an evidentiary hearing, does not violate the worker's right to due process of law.
The Bureau's findings on a false claim or false statement must be affirmed if they are supported by a preponderance of the evidence.

Petition to Change Judgeship No. 2 or No. 6 from Valley City to Jamestown 2002 ND 124
Docket No.: 20020057
Filing Date: 8/2/2002
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Petition to move chambers from Valley City to Jamestown denied.

Interest of N.S. (CONFIDENTIAL) 2002 ND 123
Docket No.: 20020145
Filing Date: 7/17/2002
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: The district court order for continuing mental health treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Johnson Farms v. McEnroe 2002 ND 122
Docket No.: 20010148
Filing Date: 1/22/2003
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: A finding of fact is clearly erroneous when, although there is some evidence to support it, the reviewing court is left with a definite and firm conviction a mistake has been made.

State v. Maurstad (CONSOLIDATED W/20010293) 2002 ND 121
Docket No.: 20010292
Filing Date: 7/16/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Challenges to probationary searches, authorized by a probationer's conditions of probation, are reviewed under the standard of whether the search was reasonable, after examining the totality of the circumstances, including whether the search was performed in a reasonable manner.
Whether a probationary search was conducted as a subterfuge for a criminal investigation is no longer considered.

Lithun, et al. v. DuPaul 2002 ND 120
Docket No.: 20020008
Filing Date: 7/16/2002
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4).