North Dakota Case Commentaries

Admissibility of Prior Domestic Violence Evidence in Felonious Restraint Cases: State v. Alvarado

Date: Nov 20, 2008

Admissibility of Prior Domestic Violence Evidence in Felonious Restraint Cases: State v. Alvarado Introduction In the landmark case of State of North Dakota v. Abraham Alvarado (757 N.W.2d 570,...

North Dakota Sets Precedent on Joint Representation and Deposition Testimony in State v. Keener

Date: Aug 29, 2008

North Dakota Sets Precedent on Joint Representation and Deposition Testimony in State v. Keener Introduction State of North Dakota v. Laurie Marie Keener and Asa Kim Keener is a significant case...

Affirmation of Jury Impartiality in State v. Hidanovic: Upholding Procedural Fairness

Date: Apr 18, 2008

Affirmation of Jury Impartiality in State v. Hidanovic: Upholding Procedural Fairness Introduction In State of North Dakota v. Mevludin Hidanovic, 747 N.W.2d 463 (N.D. 2008), the Supreme Court of...

Excited Utterance Exception Upheld in Aggravated Assault Conviction: State v. Schweitzer

Date: Jul 26, 2007

Excited Utterance Exception Upheld in Aggravated Assault Conviction: State v. Schweitzer Introduction In State of North Dakota v. Jodi Rae Schweitzer (735 N.W.2d 873), the Supreme Court of North...

No Implied Contract or Due Process Rights Without Established Employment Terms: Good Bird v. Twin Buttes School District

Date: Jun 27, 2007

No Implied Contract or Due Process Rights Without Established Employment Terms: Good Bird v. Twin Buttes School District Introduction In the case of Cheryle D. Good Bird v. Twin Buttes School...

Fraud and Comparative Fault in Real Estate Purchase Agreements: Insights from WFND, LLC v. Fargo Marc, LLC

Date: May 8, 2007

Fraud and Comparative Fault in Real Estate Purchase Agreements: Insights from WFND, LLC v. Fargo Marc, LLC Introduction The case of WFND, LLC v. Fargo Marc, LLC (730 N.W.2d 841), adjudicated by the...

Reaffirmation of the 'Completely Irrational' Standard for Vacating Arbitration Awards and Requirements for Reasoned Rulings on Attorney's Fees in North Dakota

Date: Mar 28, 2007

Reaffirmation of the 'Completely Irrational' Standard for Vacating Arbitration Awards and Requirements for Reasoned Rulings on Attorney's Fees in North Dakota Introduction In the case of GRATECH...

STATE v. Blue: Upholding the Sixth Amendment’s Confrontation Rights in Testimonial Evidence

Date: Jun 30, 2006

STATE v. Blue: Upholding the Sixth Amendment’s Confrontation Rights in Testimonial Evidence Introduction In the landmark case of STATE of North Dakota v. James Alfred Blue, the Supreme Court of North...

Strict Enforcement of Surtax Fund Allocation under Ordinance No. 3560: North Dakota Supreme Court Decision in GO Committee v. City of Minot

Date: Jul 21, 2005

Strict Enforcement of Surtax Fund Allocation under Ordinance No. 3560: North Dakota Supreme Court Decision in GO Committee v. City of Minot Introduction The case of GO Committee, et al. v. City of...

Modification of Spousal Support Based on Early Retirement: Ebach v. Ebach Analysis

Date: Jul 14, 2005

Modification of Spousal Support Based on Early Retirement: Ebach v. Ebach Analysis Introduction Lana K. Ebach, the plaintiff and appellee, and Donald M. Ebach, the defendant and appellant, were...

Affirmation of Inconsistent Verdicts in Child Abuse Cases: State v. McClary

Date: May 6, 2004

Affirmation of Inconsistent Verdicts in Child Abuse Cases: State of North Dakota v. Michael J. McClary Introduction State of North Dakota v. Michael J. McClary, 679 N.W.2d 455 (N.D. 2004), is a...

Enforceability of Common Law Premarital Agreements and Spousal Support: Insights from Ruth Binek v. Theodore J. Binek

Date: Jan 15, 2004

Enforceability of Common Law Premarital Agreements and Spousal Support: Insights from Ruth Binek v. Theodore J. Binek Introduction Ruth Binek v. Theodore J. Binek, 673 N.W.2d 594 (N.D. 2004), serves...

Clarifying the Boundaries of Right of First Refusal: Insights from Northern Plains Alliance v. Mitzel

Date: Jun 7, 2003

Clarifying the Boundaries of Right of First Refusal: Insights from Northern Plains Alliance v. Mitzel Introduction The case of Northern Plains Alliance, L.L.C. v. Lee Roy J. Mitzel and J L...

North Dakota Supreme Court Expands 'Teacher' Definition to Include Certificated Counselors in Negotiation Agreements

Date: Dec 21, 2002

North Dakota Supreme Court Expands 'Teacher' Definition to Include Certificated Counselors in Negotiation Agreements Introduction The case of Dale Hilton v. North Dakota Education Association...

Affirmation of Divorce Decree in the Presence of Alleged Undue Influence and Unconscionability

Date: Feb 21, 2002

Affirmation of Divorce Decree in the Presence of Alleged Undue Influence and Unconscionability Introduction Jacqueline Knutson v. Richard D. Knutson is a significant case adjudicated by the Supreme...

Unconscionability in Property Settlement: Ruby v. Weber Establishes Critical Precedent

Date: Jan 28, 1999

Unconscionability in Property Settlement: Ruby v. Weber Establishes Critical Precedent Introduction The case of Ruby V. Weber n/k/a Ruby V. Moos, Plaintiff and Appellant v. Herbert Weber, Defendant...

Affirmation of Self-Representation Rights and Evidentiary Standards in STATE v. Hart

Date: Oct 1, 1997

Affirmation of Self-Representation Rights and Evidentiary Standards in STATE of North Dakota v. William Jude Hart Introduction In the landmark case of STATE of North Dakota v. William Jude Hart, 569...

North Dakota Supreme Court Establishes Extended Statute of Limitations for RICO Claims

Date: Jun 4, 1997

North Dakota Supreme Court Establishes Extended Statute of Limitations for RICO Claims Introduction In Joyce Burr v. Cheryl Kulas and Donald K. Lemon, Ph.D., the Supreme Court of North Dakota...

Recreational Decks Permitted Under Zoning Ordinances: CITY OF FARGO v. NESS

Date: Jul 19, 1996

Recreational Decks Permitted Under Zoning Ordinances: CITY OF FARGO v. NESS Introduction The legal landscape surrounding property zoning and the permissibility of residential structures often...

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...