New opinions: Jan. 6
Wald v. Hovey, et al. 2022 ND 15 Docket No.: 20210280 Filing Date: 1/6/2022 Case Type: WRIT OF SUPERVISION (Civil) Author: VandeWalle, Gerald W.
Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is precluded if the judge has ruled upon any matter pertaining to the action or proceeding in which the demanding party was heard or had an opportunity to be heard.
Plaisimond v. State 2022 ND 14 Docket No.: 20210215 Filing Date: 1/6/2022 Case Type: POST-CONVICTION RELIEF Author: Per Curiam
Highlight: A judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Estate of Beach 2022 ND 13 Docket No.: 20210077 Filing Date: 1/6/2022 Case Type: PROBATE - WILLS - TRUSTS Author: VandeWalle, Gerald W.
Highlight: A holographic will is valid if the signature and material portions of the document are in the testator’s handwriting.
Material portions of a holographic will express donative and testamentary intent.
A district court’s finding that the material portions of a holographic will were not in the testator’s handwriting is supported by the record and affirmed.
Armstrong v. Helms 2022 ND 12 Docket No.: 20210227 Filing Date: 1/6/2022 Case Type: OIL, GAS AND MINERALS Author: Jensen, Jon J.
Highlight: The North Dakota Century Code and North Dakota Administrative Code provide extensive laws and regulations related to oil and gas development, including the reclamation of oil wells and bond terms.
State law is not preempted by federal law when the well operator can comply with both the state law and federal law.
The district court did not err in dismissing the claim as the plaintiff failed to exhaust his administrative remedies before bringing suit.
Matter of Shane Lance Yates 2022 ND 11 Docket No.: 20210193 Filing Date: 1/6/2022 Case Type: OTHER (Civil) Author: Tufte, Jerod E.
Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters.
Matter of Amy Jo Yates 2022 ND 11 Docket No.: 20210194 Filing Date: 1/6/2022 Case Type: OTHER (Civil) Author: Tufte, Jerod E.
Brendel Construction v. WSI 2022 ND 10 Docket No.: 20210229 Filing Date: 1/6/2022 Case Type: WORKERS COMPENSATION Author: McEvers, Lisa K. Fair
Highlight: Under N.D.C.C. § 65-04-04(1), workforce insurance premium liability must be based on a proportion of the annual expenditure of money by the employer for the service of persons.
The information Workforce Safety and Insurance uses to calculate an employer’s liability must be indicative of the premiums the employer owes and sufficiently reliable to support the amount.
An ALJ’s finding that WSI used unreliable information to establish premium liability in this case is supported by the record and affirmed.
Highlight: An oil and gas operator may suspend royalty payments to the mineral owner in the event of a dispute of title existing that would affect distribution of royalty payments. The operator shall make royalty payments to those mineral owners whose title and ownership interest is not in dispute.
State v. Castleman 2022 ND 7 Docket No.: 20210011 Filing Date: 1/6/2022 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Tufte, Jerod E.
Highlight: The ordinary meaning of “mental injury” as used in N.D.C.C. § 14-09-22(1) requires mental suffering and trauma that has some lasting, non-transitory effect.
Livingston v. WSI, et al. 2022 ND 6 Docket No.: 20210232 Filing Date: 1/6/2022 Case Type: WORKERS COMPENSATION Author: Per Curiam
Highlight: A district court judgment affirming an administrative law judge’s decision that affirmed a North Dakota Workforce Safety and Insurance decision denying benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).
Lebeau v. State 2022 ND 5 Docket No.: 20210221 Filing Date: 1/6/2022 Case Type: POST-CONVICTION RELIEF Author: Per Curiam
Highlight: A district court order summarily dismissing a second application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
Muscha v. Krolik, et al. 2022 ND 4 Docket No.: 20210179 Filing Date: 1/6/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Tufte, Jerod E.
Highlight: Evidence that is suppressed in a criminal case may be admissible in a subsequent civil proceeding.
A district court’s award of primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Dargbeh 2022 ND 3 Docket No.: 20210175 Filing Date: 1/6/2022 Case Type: MISC. STATUTORY OFF. (MISDEMEANOR) Author: Tufte, Jerod E.
Highlight: Evidence of other acts or crimes the defendant committed are excluded under N.D.R.Ev. 404(b) only when the acts or crimes are independent of the charged crime and do not fit into the rule's exceptions.
Gerving v. Gerving, et al. 2022 ND 2 Docket No.: 20210074 Filing Date: 1/6/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: VandeWalle, Gerald W.
Highlight: The district court must comply with the child support guidelines in calculating a parent’s child support obligation.
The district court must properly calculate a child support obligor’s net income to determine the correct amount of support.
The district court has discretion to grant a parent’s request for a deviation in the amount of the child support obligation for expenses related to the child’s private school tuition.
Highlight: Whether a party has breached a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
The court has discretion in deciding to grant rescission of a contract, and the power should not be exercised lightly.
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