Recent Opinions

WSI v. Avila, et al. 2020 ND 90
Docket No.: 20190386
Filing Date: 5/7/2020
Case Type: WORKERS COMPENSATION
Author: Crothers, Daniel John

Highlight: A district court judgment affirming an administrative law judge's order, which determined an individual is entitled to both the scheduled and whole body impairment award, is reversed and remanded under N.D.C.C. § 28-32-46, because it is not in accordance with the law.

Feltman, et al. v. Gaustad, et al. 2020 ND 89
Docket No.: 20190247
Filing Date: 5/7/2020
Case Type: MALPRACTICE
Author: Crothers, Daniel John

Highlight: Elements of a legal malpractice claim are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of duty.

On review of a summary judgment, evidence is viewed in the light most favorable to the party opposing the motion, and that party is given the benefit of all favorable inferences reasonably be drawn from the evidence.

State v. Burow 2020 ND 88
Docket No.: 20190382
Filing Date: 5/7/2020
Case Type: ASSAULT
Author: Per Curiam

Highlight: Conviction of class C felony simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Dahl 2020 ND 87
Docket No.: 20190292
Filing Date: 5/7/2020
Case Type: THEFT
Author: Tufte, Jerod E.

Highlight: The State’s motion to terminate a pretrial diversion agreement and resume prosecution must be made within one month after expiration of the period of suspension specified in the agreement.

Interest of A.T. 2020 ND 86
Docket No.: 20200092
Filing Date: 5/7/2020
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: An order terminating father’s parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Foster 2020 ND 85
Docket No.: 20190298
Filing Date: 5/7/2020
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Jensen, Jon J.

Highlight: Questions requiring the defendant to give his opinion regarding the veracity and credibility of earlier witnesses is improper.

Section 62.1-04-02(1), N.D.C.C., is a strict liability offense, punishable without regard to intent, knowledge, willfulness, or negligence.

Interest of F.M.G. 2020 ND 84
Docket No.: 20200094
Filing Date: 5/7/2020
Case Type: MENTAL HEALTH
Author: Per Curiam

Highlight: A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Shadow Industries, LLP v. Hoffman, et al. 2020 ND 83
Docket No.: 20190231
Filing Date: 5/7/2020
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: A district court erred in determining a lease was ambiguous with regard to when the term ended. A term in a lease is not ambiguous simply because it requires a future event or contingency.

Interest of M.M. 2020 ND 82
Docket No.: 20200054
Filing Date: 5/7/2020
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: Judgment terminating father’s parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Johnson v. City of Burlington 2020 ND 81
Docket No.: 20190318
Filing Date: 5/7/2020
Case Type: ADMINISTRATIVE PROCEEDING
Author: McEvers, Lisa K. Fair

Highlight: This Court’s review of the appeal from the decision of a local governing body is very limited. A city’s denial of a variance application is not arbitrary, capricious, or unreasonable when the ordinances do not provide for a variance based on the evidence presented.