Opinions

Interest of S.R.B. (Confidential) 830 N.W.2d 565
Docket No.: 20130112
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: In an expedited appeal taken from an order for hospitalization and treatment, a trial court must make findings of fact specially under N.D.R.Civ.P. 52(a) as to whether the respondent is a person requiring treatment and hospitalization is the least restrictive treatment.
A mental health patient has the right to notice and a hearing prior to the trial court's issuing an order requiring the use of prescribed medication.

Palmer v. State (consol.w/20110346-20110348)(cross-ref.w/20010123-20010126) 816 N.W.2d 807
Docket No.: 20110344
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of its rationale for its decision.

State v. Gress 803 N.W.2d 607
Docket No.: 20110047
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Assault
Author: Maring, Mary

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision.

Estate of Fisk 780 N.W.2d 697
Docket No.: 20090157
Filing Date: 9/21/2010
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: The review of fees paid or taken by a personal representative is left to the sound discretion of the district court.
The $3,000 funeral expense limit in N.D.C.C. 50-24.1-07(1) applies to a deceased medical assistance recipient's spouse's funeral expenses.
The Department of Human Service's right to recovery under N.D.C.C. 50-24.1-07 is limited to estate assets the medical assistance recipient had an interest in at the time of death, and does not extend to the surviving spouses's separately owned assets.

Miller v. Workforce Safety and Insurance, et al. 684 N.W.2d 641
Docket No.: 20040064
Filing Date: 1/5/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Ex parte communications are those that are without notice and opportunity for all parties to participate in the communication.
Workforce Safety and Insurance can consult with its outside legal counsel in reviewing a pending administrative law judge's recommendation as long as those communications are not ex parte.

Disciplinary Board v. Vela 699 N.W.2d 839
Docket No.: 20050173
Filing Date: 9/23/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Disciplinary Board v. Wilkes 673 N.W.2d 614
Docket No.: 20040012
Filing Date: 1/26/2004
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Interim suspension of lawyer ordered.

Howes v. Kelly Services, Inc. 649 N.W.2d 218
Docket No.: 20020014
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: In considering a motion for judgment as a matter of law, a trial court must view the evidence in the light most favorable to the non-moving party and must accept the truth of the evidence presented by the non-moving party and the truth of all reasonable inferences from that evidence which supports the verdict.
Once one party files a demand for a nine-person jury, other parties are entitled to rely on that demand for the issues it covers, and they need not file their own demand for a nine- person jury.

Petition to Change Resident Chambers from Watford City to Minot 643 N.W.2d 1
Docket No.: 20020048
Filing Date: 8/5/2002
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship transferred from Watford City to Minot.

Mau, et al. v. National Union Fire Ins. Co. of Pittsburgh 610 N.W.2d 761
Docket No.: 19990217
Filing Date: 2/20/2002
Case Type: Appeal - Civil - Insurance
Author: