Justia North Dakota Supreme Court Opinion Summaries

J.B. appealed a juvenile court order terminating her parental rights. On appeal, J.B. argued that the district court erred in terminating her parental rights, because the qualified expert witness’s testimony did not satisfy the Indian Child Welfare Act (ICWA). The North Dakota Supreme Court remanded for additional, specific findings under the ICWA: "A qualified expert witness’s expressed preference to deny termination of parental rights does not preclude the court from making findings sufficient to satisfy ICWA and ordering termination." View "Interest of K.B." on Justia Law

Amanda Johnshoy, now known as Amanda Fry, appealed a district court order denying her motion to modify primary residential responsibility. Fry and Zachary Johnshoy divorced in November 2014, and the court awarded Johnshoy with primary residential responsibility of the parties’ two minor children. Since the divorce, Johnshoy moved to a different city within North Dakota. Fry remarried following the divorce. In June 2020, Fry moved to modify primary residential responsibility and parenting time and requested an evidentiary hearing. Fry included two affidavits with the motion: her own and one from the parties’ elder child. The district court denied the motion to modify primary residential responsibility, concluding that Fry had not established a prima facie case warranting an evidentiary hearing. On appeal, Fry argued the district court erred in concluding that her affidavit and her child’s affidavit had not established a prima facie case warranting an evidentiary hearing. “[T]o establish a prima facie case that modification is necessary to serve the best interests of the children requires more than the improved circumstances of the party moving to modify primary residential responsibility.” The North Dakota Supreme Court found Fry’s affidavit did not provide facts showing how a change in circumstances affected the children. "Fry’s affidavit fails to show how a change in custody is necessary to serve the best interests of the children and thus fails to establish a prima facie case for modification of primary residential responsibility." Accordingly, judgment was affirmed. View "Johnshoy v. Johnshoy" on Justia Law

Plaintiffs Rhonda Pennington, Steven Nelson, Donald Nelson, and Charlene Bjornson appealed a judgment entered after the district court determined their oil and gas leases with Continental Resources had not expired and remained in effect. The Plaintiffs argued the district court erred in concluding the leases had not expired. The North Dakota Supreme Court affirmed, concluding the issues the Plaintiffs raised on appeal were precluded under the law of the case doctrine and mandate rule. View "Pennington, et al. v. Continental Resources" on Justia Law

K.S. appealed a district court order approving the sale of S.M.H.’s interest in real property and striking from the court record an affidavit filed by K.S. K.S. argued the court erred by determining that a document K.S. claimed transferred a majority of S.M.H.’s interest in the real property to K.S. failed to meet the statutory requirements for a valid conveyance under N.D.C.C. sections 47-10-01 and 47-10-05; the court erred in striking her affidavit from the record; and the court erred in awarding attorney’s fees to Lutheran Social Services. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Guardianship and Conservatorship of S.M.H." on Justia Law

Respondent-appellee Billie Dixon moved to dismiss petitioner-appellant John Dixon’s appeal due to mootness and lack of jurisdiction because the appeal was taken without a N.D.R.Civ.P. 54(b) certification. This action started in October 2013 when John sought an accounting of the Shirley A. Dixon Revocable Trust, removal of Billie as trustee, court supervised administration of the trust, reimbursement of the trust for unauthorized distributions, and his attorney fees expended in the action. After trial on remand the district court granted John’s request for supervised administration of the trust and denied the remaining requests for relief. On December 11, 2020, Billie filed a Petition for Order Allowing Trustee to Make Final Distribution and Allowing Termination of the Trust. On December 28, 2020, John filed objections to the petition, and on the same day the court granted Billie’s petition. On February 26, 2021, John appealed the district court’s order granting the petition. On April 12, 2021, Billie moved to dismiss the appeal. On April 24, 2021, the district court granted Billie’s motion for stay, ordering “that its Order Allowing Trustee to Make Final Distribution and Allowing Termination of the Trust (Doc. ID# 239), and any attempts to enforce that Order, are hereby stayed, effective March 29, 2021, pending completion of the appeal in this matter filed by Petitioner John W. Dixon.” Thereafter, Billie moved to dismiss this appeal as moot and for lack of N.D.R.Civ.P. 54(b) certification. The North Dakota Supreme Court concluded the latter issue was dispositive: the Supreme Court was without jurisdiction to adjudicate the appeal because the trust was court-supervised, and the last order was not final as to all matters relating to the trust. View "Dixon v. Dixon" on Justia Law

WSI appealed a judgment ordering payment of death benefits to Gloria Felan. In 2017, Fred Felan was injured when driving a loaded truck that tipped on its side. Julie Schulz of KBO Farms, Fred’s employer, arrived at the scene a short time later. Fred declined an ambulance but agreed to allow Schulz to drive him to the hospital. At the hospital Fred complained of left chest and rib pain. X-rays taken at the hospital did not reveal any fractures. The next morning, Schulz picked Fred up from the hotel. She noted Fred was falling asleep during the meal and expressed concern he should return to the hospital to get checked again. Fred declined. Fred was discovered dead in his hotel room two days after the accident. WSI accepted Fred’s claim for injuries relating to his truck accident for contusion of thorax. WSI also did not believe Fred died from his work-related injury because Fred had multiple health problems including some related to his heart and diabetes. An autopsy confirmed Fred died of congestive cardiomyopathy and arteriosclerotic heart disease. Gloria thereafter filed a claim for death benefits. WSI would deny this claim, but an ALJ reversed the agency’s denial. WSI argued the ALJ and the district court misapplied the law by failing to properly apply N.D.C.C. 65-01-02(11)(a)(3). The North Dakota Supreme Court reversed the ALJ and district court, finding the ALJ was not provided objective evidence of the claimed injury: Fred died of a cardiac arrhythmia caused by blunt force trauma to his chest cavity. However, a medical expert admitted there was no objective medical evidence that an arrhythmia occurred. Rather, the conclusion the expert reached was a result of deductive reasoning. “As our precedent indicates, objective medical evidence may be established by a physician’s medical opinion based on an examination, a patient’s medical history, and the physician’s education and experience. However, objective medical evidence may not be established solely by deductive reasoning. On this record, the ALJ erred in concluding there was objective medical evidence of a cardiac arrhythmia.” View "WSI v. Felan, et al." on Justia Law

Jordan Morsette appealed an amended judgment ordering him to pay $242 million in compensatory damages and $885 million in punitive damages to Plaintiffs Shayna Monson; Lee Zander, individually and on behalf of Taylor Goven, deceased; and Jason Renschler, individually and on behalf of Abby Renschler, deceased. In June 2015, while driving on the wrong side of the Bismarck Expressway, Morsette’s vehicle collided head on with Monson’s vehicle. Monson suffered serious bodily injuries, and Goven and Renschler died at the crash scene. Morsette’s blood alcohol concentration was 0.295 percent at the time of the collision. The Plaintiffs sued Morsette for negligence, seeking damages for their injuries. Morsette answered and admitted liability for the accident. The Plaintiffs moved to amend their complaint to add a punitive damages claim, alleging Morsette’s conduct was oppressive and malicious. The district court granted the Plaintiffs’ motion, finding they “met the threshold of malice necessary to amend the complaint to request punitive damages.” Morsette argued the district court erred in admitting evidence of his intoxication, erred in its instructions to the jury, and erred by granting the Plaintiffs’ motion to amend their complaint to add a punitive damages claim. Morsette also argued the jury’s verdict was excessive. After review, the North Dakota Supreme Court reversed the amended judgment, finding the district court erred by admitting irrelevant evidence, failing to properly instruct the jury, and in concluding there was sufficient evidence to support a punitive damages claim. The matter was remanded for a new trial. View "Zander, et al. v. Morsette" on Justia Law

Biron D. Baker Family Medicine, PC and Biron D. Baker, M.D. (collectively, "Baker Medicine") appealed a district court judgment awarding Big Pines, LLC attorney’s fees and costs. In 2011, Baker Medicine signed an agreement to lease commercial property from Phoenix M.D., L.L.C. Baker executed the lease personally and for Baker Medicine as its president. Baker Medicine allegedly vacated the premises several months prior to the end of the lease and in a damaged condition. Phoenix subsequently sold the building to Big Pines, and assigned its interest in the lease to Big Pines as part of the sale. Big Pines sued alleging breach of the lease by Baker Medicine and breach of the personal guaranty by Baker. A jury found Baker Medicine and Baker breached the lease and awarded Big Pines $18,750 in damages. Big Pines later moved for an award of attorney’s fees under the personal guaranty. The district court denied Big Pines’ request, concluding the personal guaranty was not assigned to Big Pines. The district court's judgment with respect to the fees was reversed by the North Dakota Supreme Court on Big Pines' appeal. On remand, Big Pines again moved for attorney's fees, "as well as any future fees and costs until the case is “fully and finally dismissed." This motion was granted, and Baker Medicine appealed, arguing the district court erred in calculating the recoverable amount of attorney's fees incurred by Big Pines. Concluding the district court provided it with a discernible basis for the fee award, the Supreme Court found the district court did not abuse its discretion in issuing its judgment on fees. Accordingly, judgment was affirmed. View "Big Pines, LLC v. Baker, et al." on Justia Law

Karen and Jerome Schirado appealed a judgment granting the City of Glen Ullin and the Glen Ullin Park District permanent injunctive relief and awarding the Park District attorney’s fees. The Schirados owned land near both Park District and City property. In 2013, the Park District sued the Schirados to enjoin them from fencing and allowing their horses to graze on Park District lots. The Park District was granted default judgment. In 2019, the Park District and the City sued again, alleging the Schirados violated the 2013 judgment. The suit contained claims similar to the 2013 suit, with additional claims involving the City’s streets and alleys which were not involved in the original action. The Schirados conceded they placed fencing on the properties and allowed their horses to graze, but alleged they were given permission by the City. The district court granted a preliminary injunction in favor of the City and the Park District. The court found the Schirados in contempt of court because of their violation of the 2013 judgment, and awarded attorney’s fees and costs to the City and the Park District. The North Dakota Supreme Court reversed the judgment in favor of the City, and reversed and remanded the fee award for the district court to explain its rationale for the award, including which amount is a sanction for contempt, and which portion is allocated to each plaintiff. On remand, the Schirados moved a new trial, claiming Karen Schirado possessed additional testimony and evidence “necessary to allow her to fully present her case.” The district court denied the motion for trial and concluded the Schirados had two opportunities to present evidence of an oral or written agreement to use the City property and failed to do so. The court granted the City’s motion for summary judgment, concluding the Schirados failed to present admissible evidence in resistance to the City and Park District’s motion for summary judgment. The court also granted the City and the Park District permanent injunctive relief and awarded the Park District $5,460.00 in attorney’s fees. The Schirados appeal from the amended judgment. Finding no reversible error in the amendment judgment, the North Dakota Supreme Court affirmed. View "City of Glen Ullin, et al. v. Schirado, et al." on Justia Law

Melissa Oster and N.B. appealed two orders denying motions for a new trial after a jury awarded a verdict in N.B.’s favor. Oster and her daughter, N.B., were staying at a residence owned by Kevin Terwilliger. Josh and Samantha Terwilliger were formerly married and lived at the residence. Samantha Terwilliger (nka Seewalker), was Oster’s cousin. In 2015, N.B. was playing with another child outside the Terwilliger residence while Oster and Seewalker were in the house. Josh and Kevin Terwilliger were not present. A horse on the Terwilliger property kicked N.B. in the head, seriously injuring her. The parties disputed the nature and extent of N.B.’s injuries. At trial, both sides provided testimony of expert medical witnesses to establish the extent of N.B’s injuries. A jury returned a verdict i favor of N.B. The jury did not award Oster damages and found her 45% at fault for N.B.’s accident. The jury attributed 0% fault to Kevin Terwilliger. Of the remaining fault, 30% was attributed to Josh Terwilliger and 25% to Seewalker. After the trial, two motions for a new trial were filed on behalf of N.B., not Oster. The district court denied the motions. N.B. and Oster appealed. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's orders denying the motions for a new trial. View "N.B. et al. v. Terwilliger, et al." on Justia Law