Justia North Dakota Supreme Court Opinion Summaries

James Lowe appealed a decision by Workforce Safety and Insurance (WSI) regarding the denial of his request for continued opioid medication exceeding 90 Morphine Milligram Equivalents (MME) daily. Lowe argued that WSI abused its discretion in denying his request for approval of the medication.The District Court of McKenzie County, Northwest Judicial District, reviewed the case and affirmed WSI's decision. The court found that WSI had not acted arbitrarily, unreasonably, or capriciously in its decision-making process. The court also noted that Lowe's medical provider had not provided sufficient documentation to support the medical necessity for exceeding the 90 MME limit, as required by the new law effective July 1, 2022.The Supreme Court of North Dakota reviewed the case and upheld the lower court's decision. The court found that WSI had conducted a full review of Lowe's request and had properly applied the guidelines governing long-term opioid pain management. The court concluded that WSI did not abuse its discretion in denying Lowe's request for continued opioid medication in excess of 90 MME daily. The court affirmed the district court judgment affirming the managed care binding dispute resolution decision by WSI. View "Lowe v. Workforce Safety and Insurance" on Justia Law

A.I. appealed a district court’s order continuing her commitment to the North Dakota State Hospital (“NDSH”) for a period not to exceed 180 days. She argued the court erred in not ordering a less restrictive alternative treatment as testimony supported A.I.’s needs could be met with a lower level of care. In addition, A.I. asserted the entry of an order, that indicated a waiver of the continuing treatment hearing filed after a hearing was held, was clearly erroneous. The North Dakota Supreme Court concluded the court’s order to continue her hospitalization was not clearly erroneous, and the court’s order following waiver of treatment or continuing treatment hearing, as conceded by both parties, was entered in error. The Court affirmed the district court’s order for continued treatment and vacated the superfluous order entered in the record at docket entry 43. View "Interest of A.I." on Justia Law

North Dakota Attorney General Drew Wrigley, on behalf of the State of North Dakota (“the State”), sought a supervisory writ to vacate a district court’s order granting a preliminary injunction enjoining enforcement of N.D.C.C. § 12.1-31-12. The injunction was granted in Access Indep. Health Servs., Inc., et al. v. Wrigley, et al., Burleigh Co. Court No. 2022-CV- 01608. The State argued the district court abused its discretion in granting the injunction because Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic (“RRWC”) and the other plaintiffs failed to prove: (1) they had a substantial likelihood of success on the merits; (2) they would suffer irreparable injury; (3) there would be harm to other interested parties; and (4) the effect on the public interest weighed in favor of granting a preliminary injunction. The North Dakota Supreme Court found that while the regulation of abortion was within the authority of the legislature under the North Dakota Constitution, RRWC demonstrated likely success on the merits that there was a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances, and the statute was not narrowly tailored to satisfy strict scrutiny. The Court granted the requested review, denied the relief requested in the petition, and left in place the order granting a preliminary injunction. View "Wrigley v. Romanick, et al." on Justia Law

Cliff Provins appealed a district court judgment affirming an administrative law judge’s (“ALJ”) decision that affirmed a Workforce Safety and Insurance (“WSI”) order denying liability for his post-traumatic stress disorder (“PTSD”) and ending disability benefits in November 2019. After review, the North Dakota Supreme Court concluded the ALJ did not err in concluding Provins’s PTSD was not compensable, and a reasoning mind could reasonably conclude his physical injuries did not cause his PTSD. View "Provins v. WSI, et al." on Justia Law

Kristin Anton appealed a district court judgment affirming an order by Job Service North Dakota denying Anton pandemic unemployment assistance benefits. Anton stopped working on March 12, 2020 when the public schools closed due to the COVID-19 pandemic. Anton stopped working because she relied on the school system to provide childcare for at least one of her children. Her employer, Heart River Cleaning, did not close and did not hold Anton’s position for her while she stayed home to watch her children. Anton challenged the finding that she had failed to prove she was entitled to pandemic unemployment benefits under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Anton v. Klipfel, et. al." on Justia Law

J.B. appealed a district court order denying his petition for treatment in community placement. J.B. was committed to the North Dakota State Hospital as a sexually dangerous individual in September 2005. At the hearing, the State called Dr. Deirdre D’Orazio, who testified that J.B. remained a sexually dangerous individual and was not ready for community placement. J.B. called Dr. Stacey Benson, who also testified that J.B. remained a sexually dangerous individual but that he was ready for community placement. Based on his expert’s opinion, J.B. petitioned for community placement. The trial court found the State established clear and convincing evidence that J.B. remained a sexually dangerous individual under N.D.C.C. 25-03.3-01(8), and denied his petition for community placement, concluding that the statute was constitutional and that because the executive director did not petition for community placement, it lacked subject-matter jurisdiction to consider J.B.’s petition. On appeal, J.B. argued the district court erred in determining that N.D.C.C. 25-03.3-24 did not violate the separation of powers. Finding no reversible error, the North Dakota Supreme Court affirmed the district court order. View "Interest of J.B." on Justia Law

On March 13, 2020, North Dakota Governor Doug Burgum declared a state of emergency and activated the North Dakota State Emergency Operations Plan via Executive Order (“E.O.”) 2020-03. Governor Burgum’s declaration of a state emergency was in response to the public health crisis resulting from the novel coronavirus (“COVID-19”). On March 19, 2020, Governor Burgum issued E.O. 2020-06 which closed certain business establishments in North Dakota, limited physical access to other business establishments in North Dakota, directed state agencies and offices to regulate staffing, and limited access to the North Dakota State Capitol by appointment only. These restrictions were set to expire on April 6, 2020. On March 27, 2020, E.O. 2020-06 was amended as E.O. 2020-06.1 to include the closure of salons and ordering licensed cosmetologists to cease operations. Kari Riggin appealed a criminal judgment entered after she conditionally pled guilty to a violation of Executive Order 2020-06, an infraction. Riggin challenged the Governor’s authority to restrict her ability to engage in cosmetology services within an assisted living facility as part of the State’s response to a declared state of emergency. Finding the governor did not exceed the statutory authority delegated to him through N.D.C.C. ch. 37-17.1. Riggin failed to adequately support her challenge E.O. 2020-06 was unconstitutional because it restricted her right to conduct business, engage in employment, and failed to adequately support her contention the executive order and the criminal penalties imposed for a violation of an executive order were unconstitutionally vague and overbroad. Accordingly, judgment was affirmed. View "North Dakota v. Riggin" on Justia Law

Nancy Ortega appealed a district court order granting summary judgment in favor of Sanford Bismarck and Dr. Christie Iverson on her professional negligence claim. The matter was dismissed without prejudice. Ortega was seen at Sanford Bismarck for upper right abdomen pain. A CT scan revealed she had a right ovarian tumor. Dr. Iverson performed surgery to remove her left ovary. The surgery included a hysterectomy, bilateral salpingectomy, left oophorectomy and lysis of adhesions. Several months later, Dr. Iverson performed a second surgery to remove the right ovary. Ortega filed suit alleging malpractice when Dr. Iverson removed the left ovary instead of the right. The hospital and doctor moved to dismiss, arguing Ortega could not establish she suffered any damages. Although not argued by the hospital or doctor, the trial court held Ortega failed to file an admissible expert opinion supporting a prima facie medical malpractice claim within three months of filing her action, as required under N.D.C.C. 28-01-46. The court held Dr. Iverson’s removal of the ovary was not an “obvious occurrence” precluding application of 28-01-46, and that the “wrong organ” exception in the statute did not apply. The North Dakota Supreme Court found that Sanford and Dr. Iverson did not assert Ortega’s claims were barred by N.D.C.C 28-01-46, and they conceded the statute would not apply. Under these facts and circumstances, the Supreme Court concluded the district court erred in applying N.D.C.C. 28-01-46 to grant summary judgment. The judgment was therefore reversed, and the matter remanded for further proceedings. View "Ortega v. Sanford Bismarck, et al." on Justia Law

St. Alexius Medical Center, doing business as Great Plains Rehabilitation ("Great Plains"), appealed a district court judgment affirming a Department of Human Services ("the Department") determination that the Department was entitled to recoup overpayments made to Great Plains. Great Plains argued the Department's decision had to be reversed because the Department did not issue the decision within the statutory time limit, the Department did not provide a fair process for disputing the Department's position, and the Department's findings of fact are not supported by the evidence. Finding no reversible error in the district court or the Department's decisions, the North Dakota Supreme Court affirmed. View "St. Alexius Medical Center v. N.D. Dep't of Human Services" on Justia Law

St. Alexius Medical Center, doing business as Great Plains Rehabilitation ("Great Plains"), appealed a district court judgment affirming a Department of Human Services ("the Department") determination that the Department was entitled to recoup overpayments made to Great Plains. Great Plains argued the Department's decision had to be reversed because the Department did not issue the decision within the statutory time limit, the Department did not provide a fair process for disputing the Department's position, and the Department's findings of fact are not supported by the evidence. Finding no reversible error in the district court or the Department's decisions, the North Dakota Supreme Court affirmed. View "St. Alexius Medical Center v. N.D. Dep't of Human Services" on Justia Law