Howe v. Microsoft Corporation, 2003 ND 12 Class certification is not automatically precluded because individual issues will remain after the common questions of law and fact have been resolved. A trial court is to determine whether to certify a class action without delving into the merits of the case. A motion for class certification is not to be treated as a motion for summary judgment, and the plaintiffs are not required to present evidence to support each element of their claims. At the class certification stage, a trial court may consider expert evidence as long as the basis of the expert's opinion is not so blatantly flawed that, on its face, it would be inadmissible as a matter of law.
January 23, 2003
Dennison v. N.D. Department of Human Services, 2003 ND 10 The State's recorded homestead statement for old age assistance benefits under N.D.R.C. 50-0707 (1943) runs against the recipient of benefits and not against the land, and the State's claim against the recipient's estate may be extinguished if not pursued in a timely manner. Disciplinary Board v. Lee, 2003 ND 11 Lawyer suspended from the practice of law for one year.
January 22, 2003
Jundt v. Jurassic Resources, 2003 ND 9 A trial court abuses its discretion only when it acts in an unreasonable, arbitrary, or unconscionable manner, when its decision is not the product of a rational mental process leading to a reasoned decision, or when it misinterprets or misapplies the law. A governor of a limited liability company must discharge his or her duties in good faith. All members in a closely held limited liability company owe one another a duty to act in an honest, fair, and reasonable manner in the operation of the limited liability company.
January 17, 2003
Downing v. N.D. Workers Compensation Bureau, 2003 ND 2 Judgment of the district court affirming a final order of the North Dakota Workers Compensation Bureau is summarily affirmed under N.D.R.App.P. 35.1(a)(7). Engh v. Engh, 2003 ND 5 A party moving for a change in child custody within two years after entry of an order establishing custody may get an evidentiary hearing only if the trial court first determines the moving party has established a prima facie case justifying a modification by showing willful interference with visitation, danger to the child's health, or a change in primary physical care of the child to the other parent for longer than six months. Higgins v. Trauger, 2003 ND 3 Collusion does not require fraudulent conduct. Whether collusion has occurred is a finding of fact which will not be reversed on appeal unless it is clearly erroneous. Kondrad v. Bismarck Park District, 2003 ND 4 While the law does not favor contracts exonerating parties from liability for their conduct, parties are bound by clear and unambiguous language evidencing an intent to extinguish liability. State v. Gratech Co., 2003 ND 7 Absent a specific statutory or contractual exclusion, arbitrators have jurisdiction to determine whether a party has complied with procedural conditions precedent to arbitration. State v. Hammeren, 2003 ND 6 The defendant has the burden of proving, by a preponderance of evidence, the affirmative defense of entrapment. The statute permitting minors to be transferred from juvenile court to the district court for certain crimes was enacted to treat minors as adults for purposes of prosecution. Thus, law enforcement officers are entitled to investigate minors engaged in drug-related activity the same way they would an adult. Wilson v. Farmers Insurance Group, 2003 ND 8 Except when the evidence is such that a reasoning mind could draw only one conclusion, whether an insured substantially complied with an insurance policy provision is a question of fact precluding summary judgment.
January 3, 2003
Duemeland v. Norback, 2003 ND 1 A document is ambiguous when reasonable arguments can be made for different interpretations of the meaning of the document.