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731 - 740 of 12446 results
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.
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.
Interest of A.P. (CONFIDENTIAL)
2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Bahr, Douglas Alan
Highlight: The right to appeal is statutory. If no statutory basis exists for an appeal, the court lacks appellate jurisdiction and must dismiss the appeal.
In juvenile matters, an aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court by filing written notice of appeal.
Interest of A.P. (CONFIDENTIAL)
2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Bahr, Douglas Alan
Olympic Financial Group, et al. v. ND Dep't of Financial Institutions
2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.
Highlight: Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action.
A dismissal without prejudice may be final and appealable if the plaintiff cannot cure the defect that led to dismissal or if it has the practical effect of terminating the litigation in the plaintiff’s chosen forum.
A district court’s authority to grant declaratory relief requires the exhaustion of administrative remedies.
Olympic Financial Group, et al. v. ND Dep't of Financial Institutions
2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.
