North Dakota Supreme Court Decisions

Browse Opinions From the North Dakota Supreme Court


Recent Decisions From the North Dakota Supreme Court

Disciplinary Board v. Matson
Date: June 19, 2017
Citation: 2017 ND 149
Docket Numbers: 20170101, 20170121
Statoil Oil & Gas, LP v. Abaco Energy, LLC  
Date: June 16, 2017
Citation: 2017 ND 148
Docket Numbers: 20160262, 20160261

Justia Opinion Summary: Statoil Oil & Gas LP appealed judgments dismissing without prejudice its actions against numerous defendants, seeking a determination of the proper distribution of oil and gas revenues from Williams and McKenzie County w...

North Dakota v. Cody  
Date: June 15, 2017
Citation: 2017 ND 147
Docket Number: 20160357

Justia Opinion Summary: When an ineffective assistance of counsel claim is raised on direct appeal from a criminal conviction, the defendant must show ineffectiveness of constitutional dimensions from the face of the existing record to obtain r...

Cartwright v. Tong, M.D.  
Date: June 14, 2017
Citation: 2017 ND 146
Docket Number: 20160293

Justia Opinion Summary: Under N.D.C.C.  28-01-46, the plain, ordinary and commonly understood meaning of the phrase "wrong organ" requires a doctor to perform a procedure on the incorrect organ; a wrong organ exception does not apply to perfor...

North Dakota v. Turbeville  
Date: June 9, 2017
Citation: 2017 ND 139
Docket Number: 20160333

Justia Opinion Summary: The preliminary hearing is a tool to ferret out groundless and improvident prosecutions; the State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but need only produc...

Huebner v. Furlinger  
Date: June 8, 2017
Citation: 2017 ND 145
Docket Number: 20160269

Justia Opinion Summary: Under the abandoned mineral statutes, the surface owner must mail a copy of the notice of lapse to the mineral interest owner's address if the mineral interest owner's address is shown of record. Ronald and Sherry Huebne...

Hageness v. Davis  
Date: June 7, 2017
Citation: 2017 ND 132
Docket Number: 20160167

Justia Opinion Summary: A party is barred from bringing an action for the recovery or possession of real property, unless the party was seized or possessed of the property within twenty years before bringing the action. The plaintiffs appealed...

North Dakota v. Phelps  
Date: June 7, 2017
Citation: 2017 ND 141
Docket Number: 20160196

Justia Opinion Summary: During an investigatory stop of a vehicle, a traffic violator can be temporarily detained until the legitimate investigative purposes of the traffic stop have been completed. Michael Phelps appealed a criminal judgment e...

Marman v. Levi  
Date: June 7, 2017
Citation: 2017 ND 133
Docket Number: 20160217

Justia Opinion Summary: The odor of an alcoholic beverage, poor balance, and open containers of alcohol may permit an officer to reasonably formulate an opinion the body of a driver in a single-car crash contains alcohol. Matthew Marman appeale...

Thompson v. Lithia ND Acquisition Corp. #1  
Date: June 7, 2017
Citation: 2017 ND 136
Docket Number: 20160280

Justia Opinion Summary: The Federal Arbitration Act does not preempt all state arbitration law. A party alleging an arbitration agreement is unconscionable must demonstrate some quantum of both procedural and substantive unconscionability. A pa...

North Dakota v. Shick  
Date: June 7, 2017
Citation: 2017 ND 134
Docket Number: 20160298

Justia Opinion Summary: When a party objects to the State's admission of evidence with a pretrial motion in limine, the party must renew their objection at trial in order to give the district court an opportunity to rule on the issue at trial....

Interest of R.W.B.C.  
Date: June 7, 2017
Citation: 2017 ND 144
Docket Number: 20160300

Justia Opinion Summary: The clearly erroneous standard of review does not permit a reweighing of evidence or reassessment of credibility. Richard Colling appeals a district court judgment awarding Adrienne Behrens primary residential responsibi...

SNAPS Holding Company v. Leach  
Date: June 7, 2017
Citation: 2017 ND 140
Docket Number: 20160313

Justia Opinion Summary: An indemnification agreement need not be in writing, and an agent's authority to enter into an indemnification agreement need not be in writing. Jim Leach (“Leach”) and Elizabeth Leach appealed a district court judgment...

City of Grand Forks v. Reilly  
Date: June 7, 2017
Citation: 2017 ND 135
Docket Number: 20160323

Justia Opinion Summary: Not all communications between law enforcement and citizens implicate the Fourth Amendment: an officer running to get ahead of a person, without any threatening or coercive conduct, does not constitute a show of authorit...

Rath v. Rath  
Date: June 7, 2017
Citation: 2017 ND 138
Docket Number: 20160338

Justia Opinion Summary: Mark Rath appealed orders denying his demands for a change of judge, an order denying his motion for an order to show cause, and an order modifying his child support obligation. The North Dakota Supreme Court affirmed, c...

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