Justia North Dakota Supreme Court Opinion Summaries

Darl Hehn appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. The North Dakota Supreme Court the case to the district court for further findings and retained jurisdiction under N.D.R.App.P. 35(a)(3). Upon return, the Supreme Court concluded the trial court did not err in holding the State proved Hehn remained a sexually dangerous individual. The Court affirmed the trial court’s order as supplemented by its order entered on remand. View "Matter of Hehn" on Justia Law

Shannon Belgarde appealed an order denying her motion to vacate a divorce judgment, which was entered pursuant to a stipulation. Shannon Belgarde (formerly Paulson) and Kristofor Paulson married in 2013. They divorced on December 4, 2019 based on a stipulated settlement agreement signed by both parties and filed with the district court on November 12, 2019. Neither party was represented by counsel during the drafting or execution of the settlement agreement. Belgarde moved to vacate the divorce judgment under N.D.R.Civ.P. 60(b), arguing the judgment should be vacated on the grounds of duress, newly discovered evidence, fraud, misrepresentation, misconduct, and because the divorce stipulation was so one-sided as to be unconscionable. Belgarde argued she relied on Paulson’s statements regarding future reconciliation when she signed the settlement agreement. She stated she did not realize these statements were false until she discovered evidence of an alleged affair. Belgarde also argued the divorce stipulation was so one-sided as to be unconscionable. Belgarde submitted affidavits and several exhibits in support of her motion. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Paulson v. Paulson" on Justia Law

Cody Atkins appealed district court orders denying his application for post-conviction relief and his motion to reconsider. Atkins pleaded guilty to gross sexual imposition in 2015. The North Dakota Supreme Court affirmed Atkins’s criminal judgment, and upon review of his motion for post-conviction relief, found he did not timely appeal the trial court's order denying relief. Furthermore, the Court found Atkins' motion to reconsider was another application for post-conviction relief, and the district court did not err in denying that request either. View "Atkins v. North Dakota" on Justia Law

The North Dakota Department of Transportation appealed a district court judgment reversing a Department hearing officer’s decision suspending James McClintock’s driving privileges for a period of 91 days. The Department argued the court erred in reversing because the greater weight of the evidence showed the Intoxilyzer 8000 was installed by a field inspector before its use. To this the North Dakota Supreme Court concurred, reversed the judgment and reinstated the hearing officer’s decision. View "McClintock v. NDDOT" on Justia Law

Carrie Thompson-Widmer appealed the dismissal of her claims of defamation and tortious interference with a business relationship against Kimberly Larson, Wells County, Eddy County, and Foster County. In January 2017, Larson filed a formal complaint with the State Board of Social Work Examiners against Thompson-Widmer on the basis of Thompson-Widmer’s actions in two child protection services cases. Larson alleged Thompson-Widmer misrepresented information about a child’s home environment in one case, and altered a report about methamphetamine in an infant’s meconium in the other case. Larson also met with a state’s attorney about Thompson-Widmer’s actions. The attorney referred the matter to a special prosecutor for consideration of potential criminal charges. Because the complaint to the State Board was filed while Thompson-Widmer was a Tri-County employee, Larson placed the complaint and the supporting documents in Thompson-Widmer’s employee personnel file. After the criminal investigation into Thompson-Widmer’s action was suspended, she became employed with Catholic Charities in April 2017. Tri-County worked with Catholic Charities on adoption placement cases. Larson’s staff informed her they did not feel comfortable working with Thompson- Widmer. Larson notified Catholic Charities that Tri-County would rather work with someone other than Thompson-Widmer. Catholic Charities submitted an open records request for Thompson-Widmer’s personnel file, and Larson fulfilled the request on Tri-County’s behalf. In May 2017, after receiving the personnel file, which included Larson’s complaint against Thompson-Widmer, Thompson-Widmer was terminated because she was not forthcoming about her issues while employed by Tri-County. After review, the North Dakota Supreme Court affirmed, concluding Larson’s communications were privileged and therefore not subject to liability for defamation. View "Thompson-Widmer v. Larson, et al." on Justia Law

Cory Davis appealed a district court order denying his motion for Rule 60(b), N.D.R.Civ.P., relief from a judgment. In September of 2019 Tracy Davis served Cory with a summons and complaint for divorce. Cory did not prepare or serve a formal answer. On October 14, 2019, the district court issued an order for mediation. The parties attended mediation without final resolution of their case. After a mediation closing form was filed the court issued a scheduling order and notice of bench trial for January 23, 2020. On December 13, 2019, Tracy filed a motion for default judgment. That same day she served Cory with the motion by mail. On December 23, 2019, the district court issued an order granting default judgment, along with judgment by default. On January 8, 2020, Cory filed an answer and counterclaim, notice of motion for relief from judgment, and brief in support of motion for Rule 60 relief, arguing he did not receive the time required under N.D.R.Ct. 3.2 to respond to Tracy's motion for default. On appeal of the denial of relief, Cory argued the court erred in denying his motion because the judgment was entered prior to the expiration of his time to respond under N.D.R.Ct. 3.2(a). After review, the North Dakota Supreme Court reversed and remanded with instructions to vacate the default judgment and provide Cory an opportunity to respond consistent with N.D.R.Ct. 3.2(a)(2). View "Davis v. Davis, et al." on Justia Law

Cherokee Services Group, LLC; Cherokee Nation Government Solutions, LLC; Cherokee Medical Services, LLC; Cherokee Nation Technologies, LLC (collectively referred to as the “Cherokee Entities”); Steven Bilby; and Hudson Insurance Company (“Hudson Insurance”) appealed district court orders and a judgment reversing an administrative law judge’s (“ALJ”) order. The ALJ’s order concluded the Cherokee Entities and Bilby were protected by tribal sovereign immunity and Workforce Safety and Insurance (“WSI”) had no authority to issue a cease and desist order to Hudson Insurance. The district court reversed the ALJ’s determination. The Cherokee Entities were wholly owned by the Cherokee Nation; Bilby served as executive general manager of the Cherokee Entities. Hudson Insurance provided worldwide workers’ compensation coverage to Cherokee Nation, and the Cherokee Entities were named insureds on the policy. WSI initiated an administrative proceeding against the Cherokee Entities, Bilby, and Hudson Insurance. WSI determined the Cherokee Entities were employers subject to North Dakota’s workers’ compensation laws and were liable for unpaid workers’ compensation premiums. WSI also ruled that Bilby, as executive general manager, was personally liable for unpaid premiums. WSI ordered the Cherokee Entities to pay the unpaid premiums, and ordered Hudson Insurance to cease and desist from writing workers’ compensation coverage in North Dakota. The Cherokee Nation had no sovereign land in North Dakota, and the Cherokee Entities were operating within the state but not on any tribal lands. The North Dakota Supreme Court reversed the district court judgment, and reinstated and affirmed the ALJ’s order related to the cease and desist power of WSI, but the matter was remanded to the ALJ for further proceedings on the issue of sovereign immunity. View "WSI v. Cherokee Services Group, et al." on Justia Law

Menard, Inc. (“Menards”) appealed an order denying a motion for summary judgment, an order denying a motion for judgment as a matter of law, an order granting attorney’s fees, an order as to the amount of attorney’s fees recoverable and entry of judgment, and a judgment. In 2013, Darlene Johnson visited a Menards store in Minot to exchange an item. A Menards employee directed Johnson to find the exchange in the store and return to the service counter. Johnson turned toward her right and started walking away. Almost immediately, Johnson tripped over a flatbed cart. The cart was one Menards offers its customers to use while in the store. As a result of the trip and fall, Johnson cracked seven teeth. 2017, Johnson filed a negligence action against Menards in small claims court seeking damages in the amount of $14,818.00. Menards removed the case to district court. Johnson then amended her claim with the consent of Menards. In the amended complaint, Johnson sought a jury trial and “a reasonable amount but not less than $50,000” in damages. Before trial, Menards moved for summary judgment contesting whether sufficient facts created a duty of care it owed to Johnson. The court denied the motion. At trial, Menards moved for judgment as a matter of law at the close of Johnson’s case. Menards again claimed insufficient evidence existed to require a duty of care Menards owed Johnson. Alternatively, Menards argued it had met any duty it owed Johnson. The court denied the motion. Menards did not renew its motion for judgment as a matter of law at the close of its case or after the jury returned the verdict. After review, the North Dakota Supreme Court affirmed the trial court, but remanded for consideration of Johnson's attorney's fees for this appeal. View "Johnson v. Menard, Inc." on Justia Law

James Watson appealed the denial of his motion to withdraw his guilty plea to continuous sexual abuse of a child. Watson argued the district court failed to properly analyze his understanding of the terms of the plea agreement, and the court did not make factual findings or legal conclusions to support its decision. Finding no reversible error, the North Dakota Supreme Court affirmed Watson's conviction. View "North Dakota v. Watson" on Justia Law

Kevin Willprecht appealed an amended judgment altering his child support and spousal support obligations. Kevin argued the district court erred in awarding spousal support without reconsidering the Ruff-Fischer guidelines, by failing to analyze Wendy Willprecht’s spousal need as reflected by her living expenses, and because the spousal support award exceeded Kevin's ability to pay. After review, the North Dakota Supreme Court reversed and remanded the district court’s spousal support award for further proceedings: "Although the district court concluded a new income disparity arose because of step-down provisions being added to the child support obligation, it failed to adequately assess Kevin Willprecht’s ability to meet the new obligation for spousal support." View "Willprecht v. Willprecht" on Justia Law