Justia North Dakota Supreme Court Opinion Summaries

The North Dakota Department of Transportation appealed a district court judgment reversing the Department's decision to suspend Dustin LeClair's driving privileges. The Department argued the district court erred in reversing its decision to suspend LeClair's license because the officer's recitation of the implied consent advisory, which excluded the word "punishable," substantially complied with N.D.C.C. 39-20-01(3)(a). After review, the North Dakota Supreme Court reversed the district court's judgment and reinstated the Department's decision to suspend LeClair's driving privileges. View "LeClair v. Sorel" on Justia Law

Nicholas Lechner appealed a judgment affirming an administrative order sustaining a Workforce Safety and Insurance ("WSI") order denying his claim for workers' compensation benefits. Lechner argued he proved by the greater weight of the evidence that he suffered a compensable injury and that his claim was timely. The North Dakota Supreme Court affirmed, concluding the administrative law judge's finding that Lechner failed to file a timely claim for benefits is supported by a preponderance of the evidence. View "Lechner v. WSI" on Justia Law

Aaron Kulink appealed an order denying discharge from commitment as a sexually dangerous individual. Kulink argued: (1) the district court did not make sufficient findings on the "likely to reoffend" and "serious difficulty controlling behavior" elements; and (2) the State did not meet its burden of clear and convincing evidence on the two required elements. The North Dakota Supreme Court found the district court did not make findings of fact sufficient to permit appellate review. The Supreme Court retained and remand the district court's commitment order with instructions that, within thirty days from the filing of this opinion, the district court make specific findings of fact on whether Kulink was likely to engage in further acts of sexually predatory conduct and whether Kulink had a present serious difficulty controlling behavior beyond that of a dangerous but ordinary criminal recidivist. View "Matter of Kulink" on Justia Law

A.E., the mother of A.L.E., appealed a judgment terminating her parental rights. The record revealed that A.E. has struggled with substance abuse before and after A.L.E.'s birth. Her substance abuse resulted in multiple periods of incarceration. Her substance abuse required, at the time of the hearing, that A.L.E. be in foster care and in the custody of Social Services for 707 days of the days since her birth in 2015. A.E.'s drug usage has also adversely affected A.L.E.'s health. A.L.E.’s father did not participate in the termination proceedings and did not appeal termination of his parental rights. A.E., however, challenged the juvenile court’s determination that A.L.E. was deprived and that the causes of deprivation were likely to continue. Furthermore, she argued reasonable efforts were not made to reunify her with A.L.E. Because the juvenile court correctly applied the law, the record contains evidence to support the juvenile court's decision, and it was not left with a definite and firm conviction a mistake has been made, the North Dakota Supreme Court affirmed. View "Interest of A.L.E." on Justia Law

Brittany Green appealed a district court's order denying her motion to relocate with the parties' minor child and granting Scott Swiers' motion to modify parenting time. Green argued the district court erred in denying the motion to relocate because it did not properly analyze and weigh the Stout-Hawkinson factors. Green also argued the district court erred in finding a material change in circumstance sufficient to justify modification of parenting time. Finding no such errors, the North Dakota Supreme Court affirmed. View "Green v. Swiers" on Justia Law

Wilbur Paul Hunts Along appealed a judgment affirming the Department of Transportation's revocation of his driving privileges for two years. Hunts Along argued the Department failed to show that Hunts Along refused to submit to testing "under section . . . 39-20-14," and therefore revocation under N.D.C.C. 39-20-04(1) was improper. After review, the North Dakota Supreme Court concluded the Department did not err in finding that Hunts Along refused to submit to an onsite screening test. View "Hunts Along v. N.D. Dep't of Transportation" on Justia Law

Shannon Bakke appeals a judgment in favor of Magi-Touch Carpet One Floor & Home, Inc. and denial of her motion to amend her complaint. Bakke entered into a contract with Magi-Touch for the installation of floor tiles, a shower base, and related products in a bathroom within Bakke's home. Magi-Touch arranged to have the shower base and tile installed by VA Solutions, LLC, an independent contractor. Bakke contended the shower door was improperly installed; the improper installation resulted in the shower door imploding, and the implosion caused damage to property in and around the shower requiring the bathroom door and trim to be repainted. Bakke argued the district court erred in concluding she could not pursue a claim against Magi-Touch because Magi-Touch was not liable for the acts of its independent contractor. Bakke also asserts the district court erred in denying, as futile, her motion to amend her complaint to assert a contract claim against Magi-Touch. Assuming Bakke properly asserted a claim for breach of the parties' contract, the North Dakota Supreme Court held the delegation of Magi-Touch's obligation to provide labor to VA Solutions did not preclude a cause of action against Magi-Touch for a breach of the contract. Further, the Court held the existence of the independent contractor did not relieve Magi-Touch of its obligation to perform under the terms of its contract with Bakke. In the context of a claim for a breach of the parties' contract, the amendment was not futile and should have been allowed. The Court affirmed as to all other issues, and remanded this case for further proceedings. View "Bakke v. Magi-Touch Carpet One Floor & Home, Inc." on Justia Law

The City of Grand Forks appealed a district court order suppressing the results of Thomas Barendt's chemical breath test after the City charged Barendt with actual physical control of a vehicle while under the influence of alcohol. The North Dakota Supreme Court affirmed, concluding North Dakota's implied consent advisory had to be read after placing an individual under arrest and before the administration of a chemical test. View "City of Grand Forks v. Barendt" on Justia Law

Scott and Shannon Dahms appealed the grant of summary judgment which dismissed their action against Nodak Mutual Insurance Company to obtain additional insurance payments, and against their insurance agent, Mike Bruckbauer, for damages resulting from his alleged violation of professional duties owed to them. Because the district court correctly interpreted the insurance policy as applied to the undisputed facts, and because the Dahms failed to raise a genuine issue of fact to support their professional negligence claim, the North Dakota Supreme Court affirmed dismissal. View "Dahms v. Nodak Mutal Insurance Co." on Justia Law

Hurley Oil Properties, Inc. and Bill Seerup appealed a judgment awarding money damages instead of specific performance for Orville Hiepler's breach of contract, the Mineral Deed, conveying real property. Seerup and Hurley argued the mineral deed signed by Hiepler was enforceable and required Hiepler to convey the real property currently held by the revocable trust of which he is a settlor, trustee, and beneficiary. After review, the North Dakota Supreme Court concluded the mineral deed signed by Hiepler, settlor of the revocable trust, required conveyance of the property and accordingly, the district court erred in refusing to grant specific performance. View "Dale Exploration, LLC v. Hiepler" on Justia Law