Justia North Dakota Supreme Court Opinion Summaries

North Dakota Workforce Safety & Insurance ("WSI") appealed after a district court affirmed an ALJ’s decision reversing WSI’s imposition of derivative premium liability on Brendel Construction, Inc. for unpaid premiums due from one of its subcontractors, Daniel Alvidrez. WSI determined Daniel Alvidrez and Alfredo Frias were roofing subcontractors of Brendel Construction. WSI investigators noticed Frias and Alvidrez each used the same Texas address, and because of this “cross-over information relating to Frias and Alvidrez, [WSI] established two separate accounts.” After unsuccessfully attempting to collect premium amounts from each, WSI imposed derivative liability on Brendel Construction. Brendel Construction appealed to the district court, and WSI cross appealed. The court affirmed imposition of liability as to the Frias account and dismissed as untimely WSI’s cross appeal concerning the Alvidrez account. In Brendel Construction I, the North Dakota Supreme Court affirmed as to the Frias account and reversed the dismissal of WSI’s cross appeal. On remand, the district court affirmed the ALJ’s decision determining Brendel Construction was not liable for the Alvidrez account. WSI appealed that last judgment. The Supreme Court determined that even if there was evidence Alvidrez had employees, WSI still had not provided reliable information to support its imposition of premium liability. Judgment was thus affirmed. View "Brendel Construction v. WSI" on Justia Law

Emile Dargbeh appealed after he was convicted by jury on two counts of forgery. In March and April 2020, Dargbeh cashed three forged checks from Dacotah Paper Company. Each check was written out to Emile Dargbeh in an amount ranging from $1,900 to $2,180. The State obtained video showing Dargbeh cashing two of the three checks. The State charged Dargbeh with one count of forgery for each check recorded on video but did not include a third count for the third check not recorded on video. The North Dakota Supreme Court affirmed, concluding that the court did not abuse its discretion in admitting evidence and testimony in relation to the third, uncharged check, and that there was sufficient evidence to sustain the conviction. View "North Dakota v. Dargbeh" on Justia Law

Dean Gerving appealed a second amended judgment modifying his child support obligation. Gerving argued the district court erred in calculating his net income and erred by denying his request for a downward deviation in his child support obligation based on his payment of the child’s private school tuition. The North Dakota Supreme Court affirmed the district court’s denial of Gerving’s request for a downward deviation, but concluded the court erred in calculating Gerving’s net income. Therefore, that judgment was reversed and the case remanded for the trial court to properly calculate Gerving’s net income and child support obligation. View "Gerving v. Gerving, et al." on Justia Law

Jeanne and Nevin Tergesen appealed a judgment dismissing their complaint and awarding Nelson Homes, Inc. damages for its breach of contract counterclaim. The Tergesens argued the district court erred in dismissing their rescission and breach of contract claims, and the court erroneously found the Tergesens breached the contract. After review, the North Dakota Supreme Court concluded the district court did not err in dismissing the Tergesens’ claims or finding the Tergesens breached the contract, but the court did err in calculating the amount of prejudgment interest on Nelson Homes’ damages. View "Tergesen, et al. v. Nelson Homes" on Justia Law

Enerplus Resources (USA) Corporation (“Enerplus”) appealed an amended judgment and adverse summary judgment orders which held it liable for suspending royalty payments to Meyer Family Mineral Trust, Joann Deryce Struthers Trust, and Steven J. Reed Living Trust (collectively, “Trust Defendants”). Victor Christensen owned land in Dunn County, North Dakota, including an area referred to as the “W1/2.” In 1952, he deeded a 5/128 royalty interest1 to Henry Roquette for all of the oil and gas produced from the W1/2 (“Roquette Deed”). Thereafter, Victor Christensen transferred his remaining interest in the W1/2 to his wife, Mildred Christensen. In 1957, Mildred Christensen deeded the W1/2 to Joe Reed and Deryce Reed, reserving a 4/5 mineral interest, and thereby conveying a 1/5 mineral interest to the Reeds. In 1968, Henry Roquette conveyed the 5/128 royalty interest to Mildred Christensen. The Vic Christensen Mineral Trust (“VCMT”) now owns the 4/5 mineral interest in the W1/2 that was formerly owned by Mildred Christensen. The Trust Defendants collectively owned the 1/5 mineral interest previously conveyed to the Reeds. Enerplus operated wells within the W1/2. A title examiner found a discrepancy with the land acreage in the Roquette Deed, which affected the size of the royalty interest. In October 2017, Enerplus informed VCMT and the Trust Defendants of these issues, required they enter into a stipulation clarifying their ownership interests, and suspended royalty payments to VCMT and the Trust Defendants. In 2019, VCMT sued the Trust Defendants to quiet title, alleging it owned the royalty interest on the Trust Defendants’ 1/5 mineral interest in the W1/2, and the royalty interest was larger than 5/128 based on the Roquette Deed. The Trust Defendants counterclaimed, alleging their 1/5 mineral interest had no royalty burden. VCMT and the Trust Defendants then stipulated to their interests with VCMT agreeing to forgo any rights to the royalty interest. Enerplus then paid VCMT and the Trust Defendants their suspended royalty payments. The Trust Defendants sought statutory interest from Enerplus for suspending their royalty payments. After cross-motions, the district court granted summary judgment in favor of the Trust Defendants and against Enerplus. Enerplus argued it was justified in suspending payments under N.D.C.C. 47-16-39.1, which allowed for suspending payments in the event of a dispute of title. To this, the North Dakota Supreme Court agreed and revered the district court's orders. View "Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al." on Justia Law

Brent Castleman was convicted by jury of child abuse. At trial, the mother testified she was in her daughter’s bedroom when Castleman entered the room, screamed at her, held her by the neck, and pushed her face into a pillow. Their daughter was on the bed with the mother during the incident. The mother testified her daughter was “really scared,” “shaking,” and “cr[ied] a little bit.” The mother recorded audio of the incident using her phone, which was hidden under a pillow. The recording was played for the jury. The recording includes Castleman threatening, arguing with, and yelling at his wife. The daughter can be heard crying for a few seconds during the recording. Castleman argued on appeal there was insufficient evidence to establish a mental injury. The North Dakota Supreme Court reversed, finding that the evidence in the record here was limited to the mother’s testimony that her daughter was shaking and crying, and the audio recording of a few seconds of the child crying. "There is no evidence that there was any lasting effect on the child’s psychological, emotional, or mental health." View "North Dakota v. Castleman" on Justia Law

Joshua Roberts appealed a judgment finding him guilty of conspiracy to deliver a controlled substance, fentanyl. Roberts argued there was insufficient evidence to corroborate the testimony of an accomplice, and the jury should have received an instruction regarding the State’s burden to provide corroboration of an accomplice’s testimony. After review, the North Dakota Supreme Court concluded the State provided sufficient evidence to corroborate the testimony of the accomplice, and any error in failing to provide a jury instruction was harmless. View "North Dakota v. Roberts" on Justia Law

Michael Knoke appealed an order civilly committing him as a sexually dangerous individual. The North Dakota Supreme Court concluded the district court erred by ordering Knoke’s commitment without determining it he had serious difficulty controlling his behavior. The Court therefore reversed the commitment order. View "Matter of Knoke" on Justia Law

The State appealed a district court order dismissing a charge of class C felony unlawful possession of drug paraphernalia against Damian Carrillo for lack of probable cause. The State charged Carrillo with felony unlawful possession of drug paraphernalia, and driving under suspension following an arrest in March 2021. At the preliminary hearing on the paraphernalia charge, Officer Jerad Braaten was the only witness. Officer Braaten testified he initiated a traffic stop on March 2, 2021; Carrillo was driving, and two other passengers were in the vehicle at the time. Carrillo was driving on a suspended license; dispatch informed the officer Carrillo had a history of drug-related activity. Officer Braaten testified he detected the odor of marijuana coming from the vehicle; he requested assistance from a canine unit, which alerted on Carrillo’s vehicle. Officers then conducted a probable-cause search of the vehicle. On cross-examination, Officer Braaten stated the paraphernalia was not discovered until after Carrillo had been removed from the vehicle. He also acknowledged that the other passengers “were unsupervised in the suspect vehicle even for a brief period of time.” Officer Braaten testified that Carrillo had physical access to the location where the needle was found, but the other passengers could “throw anything through a car.” The district court dismissed the charge for possession of paraphernalia for lack of probable cause. The North Dakota Supreme Court determined the State produced sufficient evidence to establish probable cause for the charge. Accordingly, judgment was reversed and the case remanded for further proceedings. View "North Dakota v. Carrillo" on Justia Law

Scott Smith and Kristen Hackmann, co-personal representatives of William Smith’s estate, appealed a February 17, 2021 order denying their post-judgment motions and granting Charlene and LeeAllen Smith’s motion to enforce the existing judgment. On June 15, 2020, the co-personal representatives filed an amended inventory and appraisement along with a notice of proposed distribution. Charlene Smith objected to the proposed distribution and filed a motion to compel compliance with the November 2, 2018 Judgment. In response to the motion to compel, the co-personal representatives argued that Charlene Smith had rejected the distribution reflected in the November 2, 2018 Judgment by filing for an elective share, she had no probable cause to challenge the will so the penalty clause in the will had been triggered, and the question of whether she was entitled to a share of the estate remained open. Charlene Smith’s assertion of an elective share and challenge to the will were within the litigation between the parties prior to the entry of the 2018 Judgment. A hearing was held on October 13, 2020. Charlene Smith argued that the 2018 Judgment was final regardless of a provision that left open an increase in legal and administrative fees. The co-personal representatives argued there were mistakes in the 2018 inventory and appraisement and questioned whether the district court should require distributions pursuant to the 2018 Judgment, the supplemental inventory, or start over. During the hearing, all of the parties provided argument on the issue of whether the 2018 Judgment was final. At the conclusion of the hearing, the court noted: “These matters—or the Motion to Compel issue, obviously, needs to be decided first.” The court found the 2018 Judgment was final, the time to appeal the November 2, 2018 Judgment had passed, LeeAllen and Charlene Smith were entitled to their distributions pursuant to the 2018 Judgment, and the finality of the 2018 Judgment precluded resolution of the co-personal representatives’ post-judgment motions. The court ordered attorney’s fees to be paid by the co-personal representatives personally after finding there was no basis in law to support their post-judgment motions and their authority as personal representatives had ceased. The North Dakota Supreme Court concurred the 2018 Judgment was final, thereby affirming the February 2021 order. View "Estate of Smith" on Justia Law