The Supreme Court has issued four new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
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Sims v. Sims 2021 ND 167 Docket No.: 20210039 Filing Date: 9/16/2021 Case Type: OTHER (Civil) Author: Per Curiam Highlight: A district court order entering a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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WSI v. Badger Roustabouts 2021 ND 166 Docket No.: 20210022 Filing Date: 9/16/2021 Case Type: WORKERS COMPENSATION Author: Jensen, Jon J. Highlight: An individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test. Whether a worker is an independent contractor or an employee is a mixed question of fact and law. To be entitled to an award attorney’s fees under N.D.C.C. § 28-32-50, a non-agency party must meet a two-part test: 1) the non-administrative agency party must prevail, and 2) the agency must have acted without substantial justification. |
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Fleck v. State 2021 ND 165 Docket No.: 20210089 Filing Date: 9/16/2021 Case Type: POST-CONVICTION RELIEF Author: Per Curiam Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Matter of Muscha 2021 ND 164 Docket No.: 20210071 Filing Date: 9/16/2021 Case Type: CIVIL COMMIT OF SEXUAL PREDATOR Author: McEvers, Lisa K. Fair Highlight: A district court must specify facts on which its conclusions are based that a sexually dangerous individual continues to have serious difficulty controlling his behavior. Both past conduct and present conduct are relevant to determine whether an individual continues to have serious difficulty controlling his behavior. The conduct need not be sexual in nature. Evidence of negative and inappropriate behaviors, including incidents demonstrating more than mere horseplay, may be sufficient to demonstrate serious difficulty controlling behavior. |
