Opinions

Runge v. Runge 2001 ND 39
Docket No.: 20000121
Filing Date: 2/20/2001
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Judgment valuing and distributing marital property is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Snyder v. ND Workers Comp. Bureau 2001 ND 38
Docket No.: 20000204
Filing Date: 2/20/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: Unless otherwise provided, statutes in effect on the date of an injury govern workers compensation benefits.
Words not defined in a statute are to be understood in their ordinary sense.
If the Workers Compensation Bureau seeks reimbursement for benefits paid, the level of materiality required is proof a false claim or false statement caused the benefits to be paid in error.
A false claim or false statement is sufficiently material for forfeiture of future benefits if it could have misled the Bureau or medical experts in a determination of the claim.

Interest of C.H., et al. (CONFIDENTIAL) 2001 ND 37
Docket No.: 20000119
Filing Date: 2/20/2001
Case Type: Appeal - Civil - Juvenile Law
Author: VandeWalle, Gerald

Highlight: The juvenile court has exclusive original jurisdiction over proceedings concerning unruly children. The custodian has the right to determine the nature of the care, placement, and treatment of the child, except for any limits the court may impose. The underlying obligation of the juvenile court under the Uniform Juvenile Court Act is to protect the welfare of the children.

Schroeder, et al. v. Buchholz, et al. 2001 ND 36
Docket No.: 20000191
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The existence of a constructive trust must be proven by clear and convincing evidence. To establish a constructive trust, a party must prove the existence of both a confidential relationship and unjust enrichment.
A constructive trust is an equitable remedy, ultimately resulting in the plaintiff's receipt of formal legal title to the property.

Wetzel v. ND Dept. of Transportation 2001 ND 35
Docket No.: 20000186
Filing Date: 2/15/2001
Case Type: Appeal - Administrative - Department of Transportation
Author: Neumann, William

Highlight: Whether a person has been afforded a reasonable opportunity to contact an attorney is a mixed question of law and fact.
The reasonableness of the opportunity given an arrestee to contact an attorney is tested objectively, focusing on the totality of the circumstances.

Peek v. Berning 2001 ND 34
Docket No.: 20000056
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: An award of rotating physical custody is only appropriate after finding the parents can communicate and cooperate sufficiently to ensure the child's best interests would not be jeopardized by an alternating custody schedule.

K.L.G v. S.L.N. (CONFIDENTIAL) 2001 ND 33
Docket No.: 20000158
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Paternity
Author: VandeWalle, Gerald

Highlight: Upon request of the noncustodial parent, a court shall grant visitation that will enable the child and the noncustodial parent to maintain a parent-child relationship beneficial to the child.
Visitation between a child and a noncustodial parent is not merely a privilege of the noncustodial parent, but a right of the child.
Visitation with the noncustodial parent is presumed to be in the child's best interests.
A visitation schedule which provides less frequent, but extended, visitation periods will preserve a noncustodial parent's ability to foster and develop a relationship with the child.

Aalund v. ND Workers Comp. 2001 ND 32
Docket No.: 20000208
Filing Date: 2/15/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: The failure to give the N.D.C.C. 28-32-11 perjury admonition in a discovery deposition does not preclude the admission of the deposition at an administrative hearing.
In appeals from administrative agencies, courts generally may consider only those issues identified in the specifications of error.
Section 65-05-33, N.D.C.C., authorizes the forfeiture of any additional benefits if a claimant willfully makes a material false statement regarding a claim for benefits.

Northrop v. Northrop 2001 ND 31
Docket No.: 20000157
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A trial court must articulate a rationale for a substantial disparity in the distribution of the marital estate.

Moszer, et al. v. Witt (CONSOLIDATED w/20000203) 2001 ND 30
Docket No.: 20000202
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A jury verdict which assesses fault to a person after finding the person's negligence was not a proximate cause is a clearly inconsistent and perverse verdict.
Litigating parties have a right to have exceptions noted to the instructions to which they did not agree.
A party is entitled to a new jury trial when the court so injects itself into the jury deliberation process on the merits that the parties have been denied their right to have the jury determine the facts on the instructions given to them as approved by the parties.
When a party challenges the constitutionality of an act in an action where neither the state nor an agency or officer thereof is a party, the party raising the constitutional issue must notify the attorney general, who may then intervene on behalf of the State.