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781 - 790 of 12359 results
Dominek, et al. v. Equinor Energy, et al.
2022 ND 211
Docket No.: 20220088
Filing Date: 11/23/2022
Case Type: Certified Question - Civil - Civil
Author: McEvers, Lisa K. Fair
Feickert v. Feickert
2022 ND 210
Docket No.: 20220102
Filing Date: 11/23/2022
Case Type: Appeal - Civil - Guardian/Conservator
Author: McEvers, Lisa K. Fair
Highlight: Voluntarily paying a partial undisputed amount of a judgment does not waive a party’s right to appeal the remaining disputed amount or other unrelated claims. However, partial satisfaction of a judgment extinguishes the underlying claim.
A party bringing a claim for unjust enrichment must sufficiently plead facts supporting their claim that would place the other party on notice of the claim.
A party failing to provide supporting argument for their position on appeal waives the issue.
Feickert v. Feickert
2022 ND 210
Docket No.: 20220102
Filing Date: 11/23/2022
Case Type: Appeal - Civil - Guardian/Conservator
Author: McEvers, Lisa K. Fair
Interest of A.M.K. (CONFIDENTIAL)
2022 ND 209
Docket No.: 20220316
Filing Date: 11/23/2022
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam
Highlight: A district court’s orders for continuing hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Interest of A.M.K. (CONFIDENTIAL)
2022 ND 209
Docket No.: 20220316
Filing Date: 11/23/2022
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam
State v. Moses
2022 ND 208
Docket No.: 20220101
Filing Date: 11/23/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.
Highlight: Statutes are interpreted to give meaning and effect to every word, phrase, and sentence, and construed to avoid rendering part of the statute mere surplusage.
Under the firearm prohibition statute, a person is prohibited from possessing a firearm for five years after being convicted of a felony. A prior juvenile adjudication of a delinquent act equivalent to a felony qualifies as a predicate felony conviction.
If two or more statutes relating to the same subject matter conflict, we attempt to give meaningful effect to each without rendering one or the other useless. If the conflict is irreconcilable, the special provision must generally prevail and be construed as an exception to the general provision.
A firearm prohibition is a collateral consequence, and there is no constitutional requirement that a defendant or juvenile delinquent be notified of such prohibition or the possibility of a future firearm conviction for violating the prohibition.
A law is not unconstitutionally vague if the challenged language, when measured by common understanding and practice, gives adequate warning of the conduct proscribed and marks boundaries sufficiently distinct for fair administration of the law.
State v. Moses
2022 ND 208
Docket No.: 20220101
Filing Date: 11/23/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.
Anton v. Klipfel, et. al.
2022 ND 207
Docket No.: 20220202
Filing Date: 11/23/2022
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Jensen, Jon J.
Highlight: A Job Service North Dakota’s decision is affirmed when a reasoning mind reasonably could have determined the agency’s factual conclusions were proved by the weight of evidence.
Anton v. Klipfel, et. al.
2022 ND 207
Docket No.: 20220202
Filing Date: 11/23/2022
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Jensen, Jon J.
State v. Peltier (consolidated w/ 20220097)
2022 ND 206
Docket No.: 20220096
Filing Date: 11/23/2022
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.
Highlight: Criminal judgments entered after a jury verdict are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).
Review of a restitution order is limited to whether the district court acted within the limits set by statute, which is similar to an abuse of discretion standard. In determining the restitution amount, the court shall take into account the reasonable damages sustained by the victim of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant’s criminal action.
