Opinions

Halvorson v. Halvorson 2001 ND 75
Docket No.: 20000290
Filing Date: 5/1/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Judgment denying a motion for reconsideration of a child support order is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Minar v. Minar 2001 ND 74
Docket No.: 20000179
Filing Date: 4/17/2001
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: 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.
Under the child support guidelines, an obligor's ability to pay child support is not determined solely upon actual income, but also takes into account the obligor's earning capacity.
The child support guidelines must be applied using common sense and in consideration of the circumstances.
A court may delay payment of a portion of child support when the obligor's income is temporarily reduced.
Every child support order entered in this state must address health insurance coverage for the child.

Dahlberg v. Lutheran Social Services, et al. 2001 ND 73
Docket No.: 20000152
Filing Date: 4/17/2001
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Maring, Mary

Highlight: An employer is not contractually bound to follow a progressive discipline policy where an employee handbook and the progressive discipline policy, construed as a whole, preserved the employment at-will presumption.
A plaintiff claiming intentional infliction of emotional distress must show extreme and outrageous conduct that exceeds all possible bounds of decency.
A prima facie case for retaliatory discharge requires an employee to show the employee has engaged in protected activity, the employer took adverse action against the employee, and the existence of a causal connection between the employee's protected activity and the employer's adverse action.
To be protected activity, an employee's report of a violation or suspected violation of law must be made for the purpose of exposing an illegality, and the reporter's purpose must be assessed at the time the report is made.

Wright v. ND Workers Comp. Bureau 2001 ND 72
Docket No.: 20000292
Filing Date: 4/17/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: Under the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, information or evidence that has not been offered, admitted, and made a part of the official record of the proceeding generally is not considered by the administrative agency. N.D.C.C. 28-32-06(2).
An injured employee who has undergone vocational rehabilitation is responsible for making a good faith work search.
To be eligible for partial disability benefits, an injured employee must provide evidence of a loss of earning capacity.

Interest of D.N., D.N., C.N., Children (CONFIDENTIAL)(Consol. w/20000235) 2001 ND 71
Docket No.: 20000234
Filing Date: 4/12/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: When there has been an extensive period in which efforts have been made to overcome inabilities to effectively parent, the courts cannot allow the children to remain in an indeterminative status midway between foster care and the obvious need for permanent placement.

Dowhan v. Brockman, et al. 2001 ND 70
Docket No.: 20000249
Filing Date: 4/12/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: The question of who is a prevailing party for an award of disbursements is a question of law, subject to de novo review, while the question of the amounts to be allowed for disbursements is one of fact, subject to an abuse-of-discretion standard of review.
A prevailing party for an award of disbursements is one who prevails on the merits of the main issue.

Hentz v. Hentz 2001 ND 69
Docket No.: 20000239
Filing Date: 4/12/2001
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Past unreasonable behavior in withholding contact between the noncustodial parent and the child is a relevant fact for the trial court to weigh in considering the custodial parent's motion to relocate to another state.

Interest of M.S. (CONFIDENTIAL) 2001 ND 68
Docket No.: 20000183
Filing Date: 4/12/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: To terminate the parental rights for an Indian child, the Indian Child Welfare Act requires proof beyond a reasonable doubt that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
To terminate parental rights for an Indian child, the Indian Child Welfare Act requires proof by clear and convincing evidence that there were active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and those efforts were unsuccessful.
When cultural bias is not implicated in parental termination proceedings, the requirement of qualified expert witness testimony under the Indian Child Welfare Act can be met with testimony of a professional person having substantial education and experience in the area of his or her speciality even though that professional does not have specific experience or knowledge of Indian customs, tradition, or culture.

Midwestern Enterprises, Inc. v. Stenehjem 2001 ND 67
Docket No.: 20000168
Filing Date: 4/12/2001
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: "Gambling apparatus" means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons, or gambling by a person involving the playing of a machine.
"Coin-operated gaming device" means any machine that is a so-called "slot" machine that operates by means of the insertion of a coin, token, or similar object and which, by application of the element of chance, may deliver, or entitle the person playing or operating the machine to receive cash, premiums, merchandise, or tokens.

State v. Duchene 2001 ND 66
Docket No.: 20000209
Filing Date: 4/11/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: Misleading statements made knowingly and intentionally or with reckless disregard are stricken from an affidavit in support of search warrant, and the affidavit's remaining contents are examined to determine whether that information is sufficient to establish probable cause.