Klein v. N.D. Workers Comp. Bureau, 2001 ND 170 The time period to file a claim for worker's compensation benefits begins on the first day a reasonable person, not learned in medicine, knew or should have known that the injury was work related.
October 16, 2001
City of Fargo v. Gullekson, 2001 ND 165 If the police have reasonable and articulable suspicion a vehicle is owned by a driver whose license is suspended, and have reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop could be made to determine if the crime of driving with a suspended license is being committed. City of West Fargo v. Ross, 2001 ND 163 If the police have a reasonable and articulable suspicion a certain moving vehicle belongs to a driver whose license is suspended, and the police have a reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop can be made to determine if the crime of driving with a suspended license is being committed. Dakota Partners v. Glopak, Inc., 2001 ND 168 A contract provision prohibiting "offset" is not a waiver of the defense of fraud in the procurement of the contract. Davison v. Wanner, 2001 ND 162 The trial court's dismissal of this civil damages action for failure of proof summarily affirmed under N.D.R.App.P. 35.1(a)(4). Schmidt v. Ward Co. Social Services Bd., 2001 ND 169 A conservatorship is a legal device similar to a trust under the law for determining medicaid eligibility. An applicant for medicaid benefits must prove eligibility, and in determining medicaid eligibility, an asset is actually available even if the applicant must initiate legal proceedings to access the asset. In determining food stamp eligibility, resources which are not accessible to the household during the period of excepted food stamp certification are excluded from the household's resources. Shiek v. N.D. Workers Comp. Bureau, 2001 ND 166 Under the 1991 version of N.D.C.C. 65-05-09.3, claimants who become permanently and totally disabled on or before their intended retirement are eligible for disability benefits after that date. State v. Ballard, 2001 ND 161 Judgment of conviction for two counts of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). State v. Gleeson, 2001 ND 164 Conviction for driving under suspension based on a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). State v. Jensen, 2001 ND 159 Criminal conviction for failure to appear after release - bail jumping summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). Stockert v. Stockert, 2001 ND 160 Denial of motion for change of custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2). Twogood v. Wentz, 2001 ND 167 Satisfaction of a cost judgment after an execution has been issued does not bar an appeal to reverse a summary judgment on the merits. For a landlord to be liable for injury caused by a tenant's dog, the landlord must have had control of the property and knowledge of the vicious tendencies of a tenant's dog.