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  • Commentaries
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North Dakota Case Commentaries

State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02

State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02

Date: Jul 23, 2025
State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02 Introduction In State v. Solomon, 2025 ND 133, the North Dakota Supreme Court was asked to decide...
Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual

Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual

Date: Jul 23, 2025
Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual Introduction In WSI v. Boechler, 2025 ND 132, the North Dakota Supreme...
Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief

Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief

Date: Jul 7, 2025
Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief Introduction Bazile v....
“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction

“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction

Date: Jul 7, 2025
“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction Citation: Equinor Energy v. North Dakota Industrial...
Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders – A Commentary on Fagnon v. Ngaima, 2025 ND 122

Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders – A Commentary on Fagnon v. Ngaima, 2025 ND 122

Date: Jul 7, 2025
Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders Comprehensive Commentary on Fagnon v. Ngaima, 2025 ND 122 (N.D. Sup. Ct.) 1. Introduction The North Dakota...
Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief

Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief

Date: Jul 7, 2025
Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief Introduction Gomez v. State, 2025 ND 125, is the...
Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127)

Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127)

Date: Jul 7, 2025
Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127) 1. Introduction In Interest of...
Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120

Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120

Date: Jul 7, 2025
Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120 1. Introduction The North Dakota Supreme Court’s decision in Sanda v....
Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121

Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121

Date: Jul 7, 2025
Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121 1. Introduction Parties: Kristina M. Toppenberg...
Reaffirming the Primacy of “No-Waiver” Clauses in Planned Communities: An Analysis of Carpenter v. Southbay HOA (2025 ND 114)

Reaffirming the Primacy of “No-Waiver” Clauses in Planned Communities: An Analysis of Carpenter v. Southbay HOA (2025 ND 114)

Date: Jun 20, 2025
Reaffirming the Primacy of “No-Waiver” Clauses in Planned Communities: Carpenter v. Southbay Homeowners Association, 2025 ND 114 Introduction Background. KJ Carpenter purchased a vacant lot in the...
Roth v. Meyer – The North Dakota Supreme Court Re-entrenches the “Special Rigor” Standard for Adverse Possession Among Family Members and Rejects Subjective Belief & Recorded Mortgages as Proof of Hostile Claim

Roth v. Meyer – The North Dakota Supreme Court Re-entrenches the “Special Rigor” Standard for Adverse Possession Among Family Members and Rejects Subjective Belief & Recorded Mortgages as Proof of Hostile Claim

Date: Jun 20, 2025
Roth v. Meyer – The North Dakota Supreme Court Re-entrenches the “Special Rigor” Standard for Adverse Possession Among Family Members and Rejects Subjective Belief & Recorded Mortgages as Proof of...
Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Date: Jun 11, 2025
Gonzalez v. State (2025 ND 109): The North Dakota Supreme Court Defines the Limits of Post-Conviction Review When the Defendant Has Fully Served the Sentence Introduction Garron William Gonzalez...
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Date: Jun 11, 2025
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington (2025 ND 105) 1. Introduction In Weber v. Pennington, 2025 ND 105, the North...
Clarifying Economic Misconduct: Excluding Potential Income from Marital Estate

Clarifying Economic Misconduct: Excluding Potential Income from Marital Estate

Date: May 23, 2025
Clarifying Economic Misconduct: Excluding Potential Income from Marital Estate Introduction Van Beek v. Van Beek, 2025 ND 96, is a Supreme Court of North Dakota decision handed down on May 22, 2025....
Functional Waiver of Right to Counsel Under Sixth Amendment Affirmed in State v. Lewellyn

Functional Waiver of Right to Counsel Under Sixth Amendment Affirmed in State v. Lewellyn

Date: May 23, 2025
Functional Waiver of Right to Counsel Under Sixth Amendment Affirmed in State v. Lewellyn Introduction The Supreme Court of North Dakota’s decision in State v. Lewellyn, 2025 ND 98, addresses the...
Severson v. Gupta: Defining the Limits of the “Obvious Occurrence” Exception and Amendment Standards in North Dakota Medical Malpractice Claims

Severson v. Gupta: Defining the Limits of the “Obvious Occurrence” Exception and Amendment Standards in North Dakota Medical Malpractice Claims

Date: May 23, 2025
Severson v. Gupta: Defining the Limits of the “Obvious Occurrence” Exception and Amendment Standards in North Dakota Medical Malpractice Claims Introduction In Severson v. Gupta, 2025 ND 101, the...
Holm v. Holm: Discretionary Discovery Sanctions and Statutory Valuation Date Clarified

Holm v. Holm: Discretionary Discovery Sanctions and Statutory Valuation Date Clarified

Date: May 23, 2025
Holm v. Holm (2025 ND 100): Discretionary Discovery Sanctions and Statutory Valuation Date Clarified Introduction Holm v. Holm, 2025 ND 100 (N.D. May 22, 2025), is a Supreme Court of North Dakota...
Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91)

Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91)

Date: May 9, 2025
Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91) Introduction State of North Dakota v. Jesse Taylor, Jr. arose from a transfer of a juvenile...
Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions

Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions

Date: May 9, 2025
Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions Introduction ND Indoor RV Park, LLC (“the Park”) challenged the State of North Dakota’s decision—through the...
Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified

Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified

Date: May 9, 2025
Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified Introduction This commentary examines the 2025 North Dakota Supreme Court decision in ICON HD, LLC...
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