North Dakota Case Commentaries

Judicial Clarifications on Trust Capacity and Service of Process in Western Life Trust v. Brakke

Date: Sep 2, 1995

Judicial Clarifications on Trust Capacity and Service of Process in Western Life Trust v. Brakke 1. Introduction The case of Western Life Trust v. Brakke, adjudicated by the Supreme Court of North...

Enhancing Protections Against Age Discrimination: North Dakota Supreme Court’s Landmark Ruling in Schuhmacher and Wavra v. ND Hospital Association

Date: Mar 21, 1995

Enhancing Protections Against Age Discrimination: North Dakota Supreme Court’s Landmark Ruling in Schuhmacher and Wavra v. ND Hospital Association Introduction The case of Alan J. Schuhmacher and...

Discretionary Trusts and Medicaid Eligibility: The Hecker v. Stark County Decision

Date: Feb 9, 1995

Discretionary Trusts and Medicaid Eligibility: The Hecker v. Stark County Decision Introduction Herman Hecker v. Stark County Social Service Board and North Dakota Department of Human Services (527...

Extension of Statute of Limitations for Disabled Plaintiffs: BASF v. Symington

Date: Feb 24, 1994

Extension of Statute of Limitations for Disabled Plaintiffs: BASF v. Symington Introduction The case of BASF Corporation v. Darlene Symington, decided by the Supreme Court of North Dakota on February...

Preservation of Evidence Without Bad Faith: Insights from State v. Steffes

Date: May 27, 1993

Preservation of Evidence Without Bad Faith: Insights from State v. Steffes Introduction State of North Dakota v. Duane Allen Steffes is a pivotal case adjudicated by the Supreme Court of North Dakota...

North Dakota Supreme Court Clarifies Tortious Interference: Intentional Interference Recognized, Negligent Interference Not

Date: Nov 13, 1991

North Dakota Supreme Court Clarifies Tortious Interference: Intentional Interference Recognized, Negligent Interference Not Introduction The case of Tom Peterson v. Kurt Zerr et al., decided by the...

Municipal Authority Over Traffic Control Devices on State Highways: Insights from Ebach v. Ralston & City of Minot

Date: May 8, 1991

Municipal Authority Over Traffic Control Devices on State Highways: Insights from Ebach v. Ralston & City of Minot Introduction The case of John Ebach and Joyce Ebach v. Robert R. Ralston and The...

Soentgen v. Quain Ramstad Clinic: Establishing Qualified Privilege in Employer Communications and Exhaustion of Internal Remedies

Date: Feb 22, 1991

Soentgen v. Quain Ramstad Clinic: Establishing Qualified Privilege in Employer Communications and Exhaustion of Internal Remedies Case Citation: 467 N.W.2d 73, Supreme Court of North Dakota, 1991...

Nonappropriation Mechanisms in Municipal Financing: North Dakota Supreme Court Affirms Sale-Leaseback-Purchase Transactions

Date: Sep 21, 1988

Nonappropriation Mechanisms in Municipal Financing: North Dakota Supreme Court Affirms Sale-Leaseback-Purchase Transactions Introduction In the landmark case Haugland et al. v. City of Bismarck (429...

Stanley Hennum v. City of Medina: Establishing Limits on Municipal Power to Terminate At-Will Employees

Date: Mar 3, 1987

Stanley Hennum v. City of Medina: Establishing Limits on Municipal Power to Terminate At-Will Employees Introduction The case of Stanley Hennum v. City of Medina addresses critical issues surrounding...

Balancing Probative Value and Prejudicial Effect Under ND Rules of Evidence: Insights from State v. Micko

Date: Oct 1, 1986

Balancing Probative Value and Prejudicial Effect Under ND Rules of Evidence: Insights from State v. Micko Introduction Overview of the Case State of North Dakota v. Jeffrey T. Micko, 393 N.W.2d 741...

Affirming the State Historical Board's Authority to Designate Historic Sites: County of Stutsman v. State Historical Society of North Dakota

Date: Jul 12, 1985

Affirming the State Historical Board's Authority to Designate Historic Sites Introduction The case of County of Stutsman v. State Historical Society of North Dakota (371 N.W.2d 321) adjudicated by...

Juror Misconduct and the Use of Juror Affidavits: Insights from Keyes v. Amundson

Date: Dec 29, 1983

Juror Misconduct and the Use of Juror Affidavits: Insights from Keyes v. Amundson Introduction Bradley Keyes appealed the judgment in Keyes v. Amundson, a case arising from a motorcycle-automobile...

Constructive Notice and Bona Fide Purchaser Standards in Mineral Lease Termination: Nygaard v. HNG Oil Co.

Date: Nov 16, 1983

Constructive Notice and Bona Fide Purchaser Standards in Mineral Lease Termination: Nygaard v. HNG Oil Co. Introduction Nygaard v. HNG Oil Company, 341 N.W.2d 349 (Supreme Court of North Dakota,...

Establishing the Third-Party Exception in Interference with Contractual Relations: Blair v. Boulger (1983)

Date: Jul 1, 1983

Establishing the Third-Party Exception in Interference with Contractual Relations: Blair v. Boulger (1983) Introduction Blair v. Boulger is a landmark case adjudicated by the Supreme Court of North...

Affirmation of Municipal Appeal Procedures and Declaratory Judgment Authority in State Bank v. City of Bismarck

Date: Feb 18, 1982

Affirmation of Municipal Appeal Procedures and Declaratory Judgment Authority in State Bank of Burleigh County Trust Company v. City of Bismarck Introduction The case of State Bank of Burleigh County...

Indemnity Clause Interpretation in Flood Control Projects: Hoge v. Burleigh County Water Management District

Date: Oct 10, 1981

Interpretation of Indemnity Clauses in Flood Control Projects: Hoge v. Burleigh County Water Management District Introduction The case of Dennis E. Hoge and James L. Hoge v. Burleigh County Water...

North Dakota Supreme Court Affirms 'Preponderance of Evidence' Standard in Reviewing PSC's Motor Carrier Authority Decisions

Date: Aug 23, 1979

North Dakota Supreme Court Affirms 'Preponderance of Evidence' Standard in Reviewing PSC's Motor Carrier Authority Decisions Introduction The case of Power Fuels, Inc. v. Elkin et al. (283 N.W.2d...

State v. Mees: Establishing Objective Entrapment Standards and Clarifying Counsel Rights on Appeals

Date: Nov 29, 1978

State v. Mees: Establishing Objective Entrapment Standards and Clarifying Counsel Rights on Appeals Introduction The case of State of North Dakota v. Sharon Mees and LaDonna Mees presents significant...

North Dakota Supreme Court Declares Medical Malpractice Limitation Unconstitutional

Date: Aug 12, 1978

North Dakota Supreme Court Declares Medical Malpractice Limitation Unconstitutional Introduction In the landmark case of Arneson et al. v. Olson et al. (270 N.W.2d 125), the Supreme Court of North...

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