Opinions

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.

Mullin, et al. v. Pendlay 2022 ND 205
Docket No.: 20220148
Filing Date: 11/23/2022
Case Type: Appeal - Civil - Malpractice
Author: Jensen, Jon J.

Highlight: Common law theory of imposing a trust based upon a confidential relationship is still present in North Dakota law.

To successfully plead the defense of unclean hands/illegality the defendant must not have been a participant in the unlawful act.

When it is alleged that an attorney negligently failed to perform some act on behalf of the client, the plaintiff must allege and prove performance of the act would have benefited the client.

If a party fails to provide supporting argument for an issue listed in their brief, they are deemed to have waived that issue.

Mullin, et al. v. Pendlay 2022 ND 205
Docket No.: 20220148
Filing Date: 11/23/2022
Case Type: Appeal - Civil - Malpractice
Author: Jensen, Jon J.

Kaspari v. Kaspari 2022 ND 204
Docket No.: 20220141
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Highlight: A district court may not order an award of spousal support that exceeds the court’s own finding of need for a recipient spouse without specifically identifying and quantifying those additional expenses.

A district court may not order an award of spousal support based upon a supporting spouse’s post-separation work schedule that increases their weekly hours by double what is typically associated with full-time employment without specific findings as to why such a measurement would be appropriate.

A district court may not order an award of spousal support based upon cash transfers and expenses paid on behalf of adult children without specific findings as to why those costs should be included in the award.

Kaspari v. Kaspari 2022 ND 204
Docket No.: 20220141
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Buchholz v. Overboe 2022 ND 203
Docket No.: 20220113
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A divorce based on irreconcilable difference applies to both parties. An argument implying the judgment does not apply to both parties is “nonsensical and frivolous.”

A divorce judgment must have remarriage language pursuant to N.D.C.C. § 14-05-02.

A court’s valuations of martial property within the range of evidence presented are not clearly erroneous.

A court’s distribution of martial property is clearly erroneous if it is made based on incorrect law, there was no evidenece to support the distribution, or after reviewing all the evidence we are left with a definite and firm conviction a mistake has been made.

A district court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter on motion by a party or on its own.

A district court may amend its findings under N.D.R.Civ.P. 52(b).

Buchholz v. Overboe 2022 ND 203
Docket No.: 20220113
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Beland, et al. v. Danel, et al. 2022 ND 202
Docket No.: 20220057
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: A district court may impose sanctions if litigation was brought for an improper and unjust purpose under N.D.R.Civ.P. 11(b)(1), or lacked evidentiary support under N.D.R.Civ.P. 11(b)(3), even if a portion of the litigation had merit under N.D.R.Civ.P. 11(b)(2).

A district court may impose sanctions even if it denied a motion to dismiss by a party opposing the litigation, and even if it held an evidentiary hearing if the litigation was brought for an improper and unjust purpose under N.D.R.Civ.P. 11(b)(1), or lacked evidentiary support under N.D.R.Civ.P. 11(b)(3).

Beland, et al. v. Danel, et al. 2022 ND 202
Docket No.: 20220057
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

State v. Davis-Heinze 2022 ND 201
Docket No.: 20220049
Filing Date: 11/10/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: A trial court may avoid a violation of the public trial right by summarizing on the record what was discussed at the conference, the conference must have occurred in open court, and both parties to the action must have an opportunity to object to the accuracy of the court’s summary or supplement the record as to the off-the-record events.

The potential for harm exists whenever one person points a firearm at another individual.