Opinions

Mead, et al. v. Farmers Union Mutual Ins. Co. 2000 ND 139
Docket No.: 20000046
Filing Date: 7/7/2000
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: An insurer generally has a duty to defend an action against its insured if the allegations in the complaint give rise to the possibility of coverage under the insurance policy.
A jury's finding in a criminal case that an insured acted intentionally and was not acting in self-defense when he killed another person is res judicata, precluding relitigation of the issue of intent in a later civil action.

Disciplinary Board v. Keller 2000 ND 138
Docket No.: 20000189
Filing Date: 7/5/2000
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Interim suspension of lawyer ordered.

Johnson Farms v. McEnroe, et al. (Cross-Ref. w/970045) 2000 ND 137
Docket No.: 19990297
Filing Date: 7/3/2000
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

ND Securities Commissioner v. Juran and Moody, Inc., et al. 2000 ND 136
Docket No.: 19990355
Filing Date: 7/3/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Tangen v. ND Workers Comp., et al. 2000 ND 135
Docket No.: 20000026
Filing Date: 6/29/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: Although the law in effect at the time of injury ordinarily governs workers compensation claims, the law in effect at the time of aggravation of a prior work injury governs a reapplication for disability benefits.
To deny aggravation benefits because the employee exceeded work restrictions, the Bureau must prove the claimant knew of the specific work restrictions and intentionally engaged in activities which exceeded those restrictions.

Singha v. ND State Board of Medical Examiners, et al. (Cross Ref. w/970264) 2000 ND 134
Docket No.: 19990393
Filing Date: 6/29/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Ruscheinsky, et al. v. Ulrich 2000 ND 133
Docket No.: 19990388
Filing Date: 6/29/2000
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Wagner v. Wagner (cross-ref. w/970224 & 980395) 2000 ND 132
Docket No.: 20000012
Filing Date: 6/29/2000
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A "mortgage on real estate" does not include a judgment lien.

Houn v. ND Dept. of Transportation 2000 ND 131
Docket No.: 20000058
Filing Date: 6/29/2000
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A person arrested for driving under the influence who refuses to submit to a blood-alcohol test may cure that refusal by consenting to a test within a reasonable time after the refusal if the subsequent test will still be accurate, testing equipment or facilities are still available, the subject has been in custody and under observation since the arrest, and the subsequent test will not result in substantial inconvenience or expense to law enforcement.

Interest of A.R. (CONFIDENTIAL) 2000 ND 130
Docket No.: 20000021
Filing Date: 6/29/2000
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: In an appeal from an order of the juvenile court, review is not limited to determining whether the court's findings are clearly erroneous, but the findings are given appreciable weight.
When an evidentiary hearing has been held, it is the appellant's duty to order a transcript. An appellant assumes the consequences and the risk for the failure to file a complete transcript.