Opinions

Interest of K.V. 2020 ND 169
Docket No.: 20190275
Filing Date: 7/22/2020
Case Type: JUVENILE LAW (Criminal)
Author: McEvers, Lisa K. Fair

Highlight: This Court defers to a juvenile court’s assessment of credibility, but if the court does not make specific findings, this Court is left to speculate as to the law and facts the court relied on in denying a motion.

Beam v. WSI, et. al. 2020 ND 168
Docket No.: 20200067
Filing Date: 7/22/2020
Case Type: WORKERS COMPENSATION
Author: VandeWalle, Gerald W.

Highlight: A party appealing a hearing officer’s decision must file “reasonably specific” specifications of error detailing which matters are at issue, so as to alert the agency, other parties, and the court of the particular errors claimed.

A rehabilitation plan is appropriate if it meets the requirements of N.D.C.C. ch. 65-05.1 and gives the injured worker a reasonable opportunity to obtain substantial gainful employment.

An ALJ’s decision was supported by evidence from which a reasoning mind could have reasonably concluded WSI’s rehabilitation plan would return Beam to substantial gainful employment in light of his injuries.

Schroeder, et al. v. State 2020 ND 167
Docket No.: 20190374
Filing Date: 7/22/2020
Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.)
Author: Tufte, Jerod E.

Highlight: The State is immune from liability for claims relating to an injury directly or indirectly caused by the performance of a public duty, including the State’s duty to maintain the interstate and keep it in good and safe condition for general public use.

The State is immune from liability for claims resulting from a snow or ice condition on a highway except when the snow or ice condition was affirmatively caused by a state employee’s negligent act.

State v. Arends 2020 ND 166
Docket No.: 20190373
Filing Date: 7/22/2020
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: A district court order revoking probation and second criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Varty v. Varty 2020 ND 165
Docket No.: 20190391
Filing Date: 7/22/2020
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: Crothers, Daniel John

Highlight: The district court abuses its discretion when it misinterprets or misapplies the law.

A finding of unconscionability under Rule 60(b)(6) of the North Dakota Rules of Civil Procedure requires balancing procedural and substantive findings, and must analyze whether the judgment as a whole was so one-sided and created hardship that relief was required

A.R. Audit Services Inc. v. Young 2020 ND 164
Docket No.: 20200064
Filing Date: 7/22/2020
Case Type: DEBTOR/CREDITOR
Author: Per Curiam

Highlight: District court order denying motion for relief under N.D.R.Civ.P. 60(b)(1) is summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Lindquist 2020 ND 163
Docket No.: 20200022
Filing Date: 7/22/2020
Case Type: DRUGS/CONTRABAND
Author: Per Curiam

Highlight: A criminal judgment and an order denying a motion to suppress are affirmed under N.D.R.App.P. 35.1(a)(2),(7).

Interest of Skorick 2020 ND 162
Docket No.: 20190349
Filing Date: 7/22/2020
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: VandeWalle, Gerald W.

Highlight: At a civil commitment hearing, the testimony and reports of an expert who conducted an examination are admissible.

A harmless error is one that does not affect a party’s substantial rights.

McCormick, et al. v. Fredericks 2020 ND 161
Docket No.: 20190254
Filing Date: 7/22/2020
Case Type: CONTRACTS
Author: Crothers, Daniel John

Highlight: Jury instructions should fairly inform the jury of the law applicable to the case and fairly cover the claims made by both sides of the case. Jury instructions are reviewed as a whole, and are sufficient if they correctly advise the jury of the law.

A district court’s decision on whether to disqualify a law firm or a lawyer is reviewed for an abuse of discretion.

A court may order judicial supervision of the winding up of a dissolved limited liability company on a member’s application and showing of good cause.

State v. Scott 2020 ND 160
Docket No.: 20190317
Filing Date: 7/22/2020
Case Type: SEXUAL OFFENSE
Author: McEvers, Lisa K. Fair

Highlight: There is no requirement for the district court to advise defendants they may plead not guilty based on the defense of double jeopardy.

The defense of double jeopardy is not presentable to the jury unless there is a question of fact.

Rule 803(24), N.D.R.Ev., which provides an exception to certain hearsay statements made by a child about sexual abuse, does not apply to non-hearsay testimony.