Baer v. Bauch, 1999 ND 177 A trial court may dismiss a party's counterclaim when the party shows a pattern of deliberate indifference to the discovery rules and court orders.
August 30, 1999
Jose v. Norwest Bank North Dakota, N.A., 1999 ND 175 An explicit and conspicuous disclaimer in an employee personnel manual, stating no contract rights exist or the policies in it are not intended to create contractual rights, demonstrates the employer's intent the manual be only a guide for the employee. To establish a public policy exception to the at-will employment doctrine, public policy must be evidenced by a constitutional or statutory provision expressing a clear and compelling public policy against the challenged discharge. To be defamatory, a statement must be false. Tibor v. Lund, 1999 ND 176 To support a request for a disorderly conduct restraining order, the petitioner must present evidence of specific acts which were intended to adversely affect the safety, security, or privacy of another person.
August 27, 1999
Stewart v. N.D. Workers Compensation Bureau, 1999 ND 174 Before terminating ongoing disability benefits, the Bureau must provide pretermination notice of its contemplated action, a summary of the evidence supporting the proposed termination, and an opportunity to respond to the alleged grounds for termination.
August 25, 1999
Graber v. Logan County Water Resource Board, 1999 ND 168 A decision of a Water Resource Board must be affirmed on appeal unless the Board acted arbitrarily, capriciously or unreasonably, or there is not substantial evidence to support the decision. A prescriptive drainage easement may be obtained on flooded land if there is a continuous and uninterrupted adverse use for 20 years. Grynberg v. Dome Petroleum Corp., 1999 ND 167 A judgment will not be reversed merely because the trial court's reasoning in arriving at the judgment was incorrect, if the result is the same under the correct law and reasoning. The interpretation of an unambiguous contract is a question of law. Harfield v. Tate, 1999 ND 166 The "distracting circumstances" doctrine may be relevant to determine negligence and apportion fault under comparative fault principles. A jury instruction on distracting circumstances resulting in a driver's inattention to the road is not proper when the distraction was of the requesting party's own making. Nelson v. Johnson, 1999 ND 171 The agent under the family purpose doctrine is not entitled to have the amount of the principal's settlement with the plaintiffs deducted from the jury's award of damages against the agent. Nygaard v. Continental Resources, Inc., 1999 ND 172 Payment or offer of payment in any manner current in the ordinary course of business is sufficient unless the obligee demands payment in legal tender and gives any extension of time reasonably necessary to procure it. An award of attorney fees for a frivolous claim for relief lies within the sound discretion of the trial court. Powers v. North Dakota Job Service, 1999 ND 162 A claimant for unemployment compensation benefits must show good cause for not timely filing a continuing claim for benefits. A new hearing is required where a finding is not responsive to a claimant's excuse for late filing of a claim card. Schanilec v. Grand Forks Clinic, Ltd., 1999 ND 165 The two-year statute of limitations for bringing a medical malpractice action does not begin to run in a misdiagnosis case until the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant's possible negligence. State v. Wamre, 1999 ND 164 Probable cause to search exists if it is established that certain identifiable objects are probably connected with criminal activity and are probably to be found at the present time at an identifiable place. In executing a search warrant, a seizure of evidence of a crime found in plain view is legitimate even though the items seized are not listed in the search warrant. A defendant may get a hearing to challenge the truthfulness of an affidavit in support of a search warrant request by alleging, and offering to prove, deliberate falsehood or reckless disregard for the truth, or statements intentionally or recklessly misleading by omission. A decision to join offenses or defendants for trial is left to the discretion of the trial court. State v. Wanzek, 1999 ND 163 The passenger compartment of a vehicle voluntarily exited by an arrestee immediately prior to arrest is subject to search without a warrant. Wagner v. Wagner, 1999 ND 169 A North Dakota district court does not have subject-matter jurisdiction to enforce a bankruptcy stipulation that has not been incorporated into a divorce decree. An order may be issued nunc pro tunc to clarify, but not modify, parties' rights. Wells v. First American Bank West, 1999 ND 170 A breach of contract action does not accrue until the aggrieved party discovers the facts constituting the basis for the cause of action or claim for relief. Werlinger v. Champion Healthcare Corp., 1999 ND 173 An order certifying a class action is an appealable order. A decision to certify a class action will be overturned on appeal only if the district court has abused its discretion. In determining if a class action will provide a fair and efficient adjudication of the controversy, the court must consider and weigh the thirteen factors listed under N.D.R.Civ.P. 23(c)(1). No one factor of the thirteen predominates over the others, and the district court need not explicitly address all the factors. The district court has broad discretion in reaching its decision, but it cannot rely on an incorrect analysis of a factor in reaching its ultimate decision on whether to grant class certification.
August 9, 1999
Disciplinary Board v. Robb, 1999 ND 161 Lawyer suspended from the practice of law for a period of 60 days.
August 3, 1999
In the Interest of M.D., 1999 ND 160 Under the Commitment of Sexually Dangerous Individuals Act, N.D.C.C. ch. 25-03.3, the court may for good cause extend the time within which a commitment hearing must be held, and the motion for extension may be made after the original 30-day period has expired. Dismissal of commitment proceedings is not required when there has been improper public disclosure of proceedings under N.D.C.C. ch. 25-03.3. The Commitment of Sexually Dangerous Individuals Act, N.D.C.C. ch. 25-03.3, does not create a criminal penalty and does not violate double jeopardy. A finding of fact in a proceeding under N.D.C.C. ch. 25-03.3 will be overturned on appeal only if it is induced by an erroneous view of the law or if the appellate court is firmly convinced the finding is not supported by clear and convincing evidence.
August 2, 1999
Gottbreht v. State of North Dakota, 1999 ND 159 Mandamus is available to compel an administrative agency to perform a ministerial duty the law requires the agency to perform, but not to direct how, or in whose favor, an agency decides a case. Mandamus is not available to compel performance of a discretionary act. Issuance of a writ of mandamus is discretionary, and the Supreme Court will not reverse a trial court's denial of a writ, absent an abuse of discretion.