Opinions

Crichlow v. Andrews 2023 ND 45
Docket No.: 20220204
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: An abatement ab initio of a criminal prosecution means a dismissal of all proceedings in the prosecution from its inception.
Abatement ab initio in criminal proceedings is inconsistent with N.D. Const. art. I, § 25.
Appeals will be dismissed as moot when no actual controversy is left to be decided unless a decision would have collateral consequences.

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Secured creditors may recover on a debt by proceeding against all collateral in a single action or by proceeding against personal property after foreclosing a real property mortgage securing the same debt.

An existing lien on collateral, when acknowledged by a subsequent party taking an interest in that collateral, will remain foreclosable by the secured party maintaining the lien.

Privity exists when one is so identified in interest with another that the person represents the same legal right.

The plain language of a contract is used to determine the parties’ intent.

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Bahr, Douglas Alan

Highlight: An order that has the practical effect of terminating the litigation in the Plaintiff’s chosen forum and effectively forecloses litigation in the courts of this state may be appealable.

The mere pendency of a legal action in one state, alone, does not require abating an action in a second state involving the same parties and the same subject matter.

Under the principles of comity, the district court has discretion to stay an action properly within its jurisdiction until a court in another jurisdiction concludes litigation involving the same parties and subject matter.

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Bahr, Douglas Alan

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: A construction lien covers the land on which an improvement is located to the extent of the right, title, and interest of the owner for whose use or benefit the labor was done or materials furnished.

A property owner that successfully contests the validity or accuracy of a construction lien is entitled to an award of costs and attorney’s fees.

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Interest of Sternberg 2023 ND 40
Docket No.: 20220147
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: In civil commitment hearings, the State is burdened with demonstrating by clear and convincing evidence that an individual is a sexually dangerous individual. To do so, the State must establish three statutory elements.

Additionally, the State must establish the individual has serious difficulty in controlling behavior, as required by substantive due process.