The Supreme Court has issued 10 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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Highlight: A judgment affirming Job Service’s decision to deny unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. Clauthier 2022 ND 237 Highlight: Two district court orders revoking probation and resentencing a defendant are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Highlight: A party seeking termination of parental rights must prove all of the statutory elements by clear and convincing evidence. If the party seeking termination proves the statutory elements, the district court has discretion to decide whether to terminate parental rights. |
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Interest of N.L. 2022 ND 235 Highlight: Juvenile courts have exclusive jurisdiction to order termination of parental rights under N.D.C.C. § 27-20.2-03(1)(b). If an agency meets the requirements for termination of parental rights under the federal Indian Child Welfare Act and N.D.C.C § 27-20.3-19, this Court will affirm the termination. |
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State v. Yousif 2022 ND 234 Highlight: A district court has broad discretion to exclude extrinsic evidence of prior inconsistent statements at trial, even if a proper foundation has been laid. |
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Shafer v. Scarborough, et al. 2022 ND 233 Highlight: An arbitration award will not be vacated unless it is completely irrational, and an award is completely irrational if the decision is either mistaken on its face or so mistaken as to result in real injustice or constructive fraud. |
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Matter of Wolff 2022 ND 232 Highlight: A district court’s order denying a petition for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Vassel v. Vassel, et al. 2022 ND 231 Highlight: The district court has discretion to award back child support considering the time the parties separated. |
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Highlight: The district court does not abuse its discretion in denying a request for additional discovery where the party requesting fails to identify what information is sought, why they were unable to obtain the information before the motion for summary judgment, and fails to explain how the information would preclude summary judgment. The district court does not err in dismissing a party’s affirmative defenses where the party fails to raise a genuine issue of material fact as to any of the affirmative defenses. |
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Senger v. Senger 2022 ND 229 Highlight: Generally, statutes in place at the time of commencement of an action apply. A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute. |
