Opinions

DeCoteau v. Nodak Mutual Insurance Co. (Cross-reference w/19990100) 2001 ND 182
Docket No.: 20010066
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: When a named plaintiff whose individual claim becomes moot has not even moved for class action certification prior to evaporation of his personal stake in the lawsuit, the plaintiff may not avail himself of the class action exception to the mootness doctrine.

Hellerud v. ND Dept. of Transportation 2001 ND 181
Docket No.: 20010173
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: Judgment of the district court affirming the decision of the Department of Transportation to revoke appellant's driver's license for refusing to submit to an on-site chemical screening test is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Chadwick v. N.D. Dept. of Transportation 2001 ND 180
Docket No.: 20010174
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: A police officer has reasonable grounds to believe a person is in actual physical control of a vehicle when that person is found conscious in the driver's seat of an idling vehicle.

Alerus Financial v. Lamb, et al. (CONSOLIDATED W/20010178) 2001 ND 179
Docket No.: 20010177
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Foreclosure
Author: Per Curiam

Highlight: Summary judgments granting foreclosure of mortgages on rental properties are summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Dvorak v. Dvorak 2001 ND 178
Docket No.: 20000343
Filing Date: 11/2/2001
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: Trial courts may decline to consider arguments raised for the first time on a motion for reconsideration when those arguments could have been raised in earlier proceedings.
The purpose of N.D.R.Civ.P. 60(b)(iii) is not to correct outcomes that may be factually incorrect, but rather to protect against a party prevailing by unfair means.

Trottier v. Bird 2001 ND 177
Docket No.: 20010150
Filing Date: 11/2/2001
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: When a court lacks subject matter jurisdiction, it must dismiss the action under Rule 12(h)(3).

McDowell v. McDowell 2001 ND 176
Docket No.: 20010056
Filing Date: 11/2/2001
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: Spousal support determinations must be made in light of the income and needs of the disadvantaged spouse and of the supporting spouse's needs and ability to pay.
A parent's health problems are relevant in a custody decision if those problems might adversely affect the parent's ability to care for the child.
A court errs as a matter of law when it fails to comply with the requirements of the child support guidelines in determining an obligor's child support obligation.

City of Fargo v. Ellison 2001 ND 175
Docket No.: 20010131
Filing Date: 11/2/2001
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Police should not be placed in a worse position then they occupied before the illegal search occurred.
A defendant's age and identity obtained through an illegal search should not be suppressed if it can be established independent from the illegal search.

Voge v. Schnaidt 2001 ND 174
Docket No.: 20010024
Filing Date: 11/2/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: An action for damages for an injury received in a collision of two boats on Lake Sakakawea is governed by the three-year statute of limitations in federal law, rather than the six-year limitation in state law.

State v. Lynch 2001 ND 173
Docket No.: 20010037
Filing Date: 11/2/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Neumann, William

Highlight: The introduction of the state toxicologist's list of approved designations medically qualified to draw blood is a foundational requirement for the introduction of blood test results.