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941 - 950 of 12418 results
Puklich v. Puklich, et al.
2022 ND 158
Docket No.: 20220062
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair
Highlight: The doctrine of issue preclusion bars relitigation of issues decided in a prior action.
To bring a derivative action on behalf of a partnership, a litigant must be a partner at the time the action is commenced.
Puklich v. Puklich, et al.
2022 ND 158
Docket No.: 20220062
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair
State v. Pulkrabek (consolidated with 20220011 - 20220013)
2022 ND 157
Docket No.: 20220010
Filing Date: 8/4/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John
Highlight: The Uniform Mandatory Disposition of Detainers Act applies to instances where a detainer has been filed against a person imprisoned in a correctional institution in the state of North Dakota.
The Detainers Act requires trial to take place within 90 days of filing a request for disposition of pending charges subject to exceptions.
Counsel can waive trial within 90 days under the Detainers Act.
Criminal defendants are entitled to counsel at all critical stages of prosecution.
A critical stage of prosecution is a time in which counsel’s absence might derogate from the criminal defendant’s right to a fair trial.
State v. Pulkrabek (consolidated with 20220011 - 20220013)
2022 ND 157
Docket No.: 20220010
Filing Date: 8/4/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John
Great Plains Royalty Corp. v. Earl Schwartz Co., et al.
2022 ND 156
Docket No.: 20220052
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John
Highlight: Subject matter jurisdiction refers to the court’s power to hear and determine the general subject involved in the action.
The United States Bankruptcy Code vested the bankruptcy trustee with title to the bankrupt’s assets.
Upon an appeal from a civil judgment, this Court may modify the judgment to correct an error.
Section 28-26-06(2), N.D.C.C., requires disbursements to the prevailing party for procuring evidence in preparation or use at trial.
Great Plains Royalty Corp. v. Earl Schwartz Co., et al.
2022 ND 156
Docket No.: 20220052
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John
State, et al. v. Faber
2022 ND 155
Docket No.: 20210358
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John
Highlight: A district court may allow a child who is of sufficient maturity to testify about his or her preferences relating to residential responsibility.
A district court generally cannot delegate to anyone the power to decide questions of residential responsibility.
A district court may not rely solely on a child’s wishes when deciding residential responsibility.
State, et al. v. Faber
2022 ND 155
Docket No.: 20210358
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John
Hamburger v. Hamburger
2022 ND 154
Docket No.: 20220051
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.
Highlight: A vested child support obligation cannot be retroactively modified.
The child support guidelines contemplate child support payments by the parent without primary residential responsibility to the parent with primary residential responsibility.
Parties generally bear their own attorney’s fees unless the fees are expressly authorized by statute.
Hamburger v. Hamburger
2022 ND 154
Docket No.: 20220051
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.
