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  • Commentaries
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North Dakota Case Commentaries

Enhanced Standards for Member Information Requests in Board-Managed LLCs: Donovan Meuchel v. Red Trail Energy, LLC

Enhanced Standards for Member Information Requests in Board-Managed LLCs: Donovan Meuchel v. Red Trail Energy, LLC

Date: Mar 8, 2024
Enhanced Standards for Member Information Requests in Board-Managed LLCs: Donovan Meuchel v. Red Trail Energy, LLC 1. Introduction The case of Donovan Meuchel a/k/a Donavon Meuchel v. Red Trail...
North Dakota Supreme Court Upholds Resentencing under N.D.C.C. § 12.1-32-07(6)

North Dakota Supreme Court Upholds Resentencing under N.D.C.C. § 12.1-32-07(6)

Date: Feb 23, 2024
North Dakota Supreme Court Upholds Resentencing under N.D.C.C. § 12.1-32-07(6) Introduction In the case of State of North Dakota v. Rozalyn Lee Vondal Rinde, the Supreme Court of North Dakota...
Clarifying Plea Agreement Acceptance: Insights from State v. Fischer

Clarifying Plea Agreement Acceptance: Insights from State v. Fischer

Date: Feb 23, 2024
Clarifying Plea Agreement Acceptance: Insights from State of North Dakota v. Devin Louis Fischer Introduction In the case of State of North Dakota v. Devin Louis Fischer (2024 N.D. 29), the Supreme...
Willful Disobedience of Divorce Tax Exemption Orders Constitutes Contempt: North Dakota Supreme Court

Willful Disobedience of Divorce Tax Exemption Orders Constitutes Contempt: North Dakota Supreme Court

Date: Feb 9, 2024
Willful Disobedience of Divorce Tax Exemption Orders Constitutes Contempt: North Dakota Supreme Court Introduction The case of Nickolette Keller, Plaintiff, Appellant, and Cross-Appellee v. Michael...
North Dakota Supreme Court Reinforces Rule 54(b) Compliance for Interlocutory Appeals

North Dakota Supreme Court Reinforces Rule 54(b) Compliance for Interlocutory Appeals

Date: Feb 9, 2024
North Dakota Supreme Court Reinforces Rule 54(b) Compliance for Interlocutory Appeals Introduction In the case of Kenneth L. Pinks and Carol A. Pinks v. Alexander S. Kelsch et al., the Supreme Court...
Affirmation of Rule 60(b) Limitations and Subject Matter Jurisdiction in Eviction Proceedings

Affirmation of Rule 60(b) Limitations and Subject Matter Jurisdiction in Eviction Proceedings

Date: Feb 9, 2024
Affirmation of Rule 60(b) Limitations and Subject Matter Jurisdiction in Eviction Proceedings Introduction In the case of Don's Garden Center, Inc., Donald McIlravy and Carol McIlravy v. The Garden...
Strict Standards for Evidence Admissibility in Termination of Parental Rights: North Dakota Supreme Court Sets New Precedent

Strict Standards for Evidence Admissibility in Termination of Parental Rights: North Dakota Supreme Court Sets New Precedent

Date: Jan 23, 2024
Strict Standards for Evidence Admissibility in Termination of Parental Rights: North Dakota Supreme Court Sets New Precedent Introduction The Supreme Court of North Dakota, in the landmark case of IN...
Reversing Presumptions: Paternity and Heirship Under North Dakota's Uniform Probate and Parentage Acts

Reversing Presumptions: Paternity and Heirship Under North Dakota's Uniform Probate and Parentage Acts

Date: Jan 23, 2024
Reversing Presumptions: Paternity and Heirship Under North Dakota's Uniform Probate and Parentage Acts Introduction In the landmark case In the Matter of the Estate of Arlen Lindberg, Deceased, the...
Reversing Illegal Sentencing: State v. Gonzalez Establishes Limits on Consecutive Sentences in Probation Revocation

Reversing Illegal Sentencing: State v. Gonzalez Establishes Limits on Consecutive Sentences in Probation Revocation

Date: Jan 11, 2024
Reversing Illegal Sentencing: State v. Gonzalez Establishes Limits on Consecutive Sentences in Probation Revocation Introduction The Supreme Court of North Dakota, in the case State of North Dakota...
Inclusion of Accrued Good Time in Resentencing: North Dakota Supreme Court Sets New Precedent

Inclusion of Accrued Good Time in Resentencing: North Dakota Supreme Court Sets New Precedent

Date: Jan 11, 2024
Inclusion of Accrued Good Time in Resentencing: North Dakota Supreme Court Sets New Precedent Introduction The case of State of North Dakota v. Robert Michael Williamson (2024 N.D. 7) presents a...
Clarifying the Admissibility of Evidence Under Rule 404(b): Insights from State v. Ibrahim Salou

Clarifying the Admissibility of Evidence Under Rule 404(b): Insights from State v. Ibrahim Salou

Date: Jan 11, 2024
Clarifying the Admissibility of Evidence Under Rule 404(b): Insights from State of North Dakota v. Ibrahim Salou Introduction In the landmark case State of North Dakota, Plaintiff and Appellee v....
Affirmation of Judicial Notice Procedures in Postconviction Relief: State v. Koon

Affirmation of Judicial Notice Procedures in Postconviction Relief: State v. Koon

Date: Dec 29, 2023
Affirmation of Judicial Notice Procedures in Postconviction Relief: State v. Koon Introduction Jerome Wesseh Koon, Jr., Petitioner and Appellant v. State of North Dakota, Respondent and Appellee is a...
Enforcement of Initial PUD Setback Requirements Over Subsequent FEMA LOMR-F Amendments: Berger v. Sellers

Enforcement of Initial PUD Setback Requirements Over Subsequent FEMA LOMR-F Amendments: Berger v. Sellers

Date: Sep 29, 2023
Enforcement of Initial PUD Setback Requirements Over Subsequent FEMA LOMR-F Amendments: Berger v. Sellers Introduction In the landmark case of Berger and Berger v. Sellers et al., the Supreme Court...
Affirmation of Denial in Post-Conviction Relief: O'Neal v. State of North Dakota

Affirmation of Denial in Post-Conviction Relief: O'Neal v. State of North Dakota

Date: Jun 9, 2023
Affirmation of Denial in Post-Conviction Relief: O'Neal v. State of North Dakota Introduction The case of Jason Travis O'Neal v. State of North Dakota (2023 N.D. 109) presents critical insights into...
Enforcement of Farm Lease Contracts: Breakthrough in Breach of Contract Litigation

Enforcement of Farm Lease Contracts: Breakthrough in Breach of Contract Litigation

Date: Dec 9, 2022
Enforcement of Farm Lease Contracts: Breakthrough in Breach of Contract Litigation Introduction The case Brent Trosen, as Personal Representative of the Estate of Shirley Trosen and as Successor...
Affirmation of Standing Requirements in Quiet Title Actions: Schmidt v. Hageness et al.

Affirmation of Standing Requirements in Quiet Title Actions: Schmidt v. Hageness et al.

Date: Oct 28, 2022
Affirmation of Standing Requirements in Quiet Title Actions: Schmidt v. Hageness et al. Introduction In Schmidt v. Hageness et al., the Supreme Court of North Dakota addressed critical issues...
Clarifying Standards for Postconviction Relief: Bridges v. State of North Dakota

Clarifying Standards for Postconviction Relief: Bridges v. State of North Dakota

Date: Jul 22, 2022
Clarifying Standards for Postconviction Relief: Bridges v. State of North Dakota Introduction The Supreme Court of North Dakota, in John Clark Bridges v. State of North Dakota (2022 N.D. 147),...
Admissibility of Defendant Statements: Insights from State v. Ephrium Thomas

Admissibility of Defendant Statements: Insights from State v. Ephrium Thomas

Date: Jun 9, 2022
Admissibility of Defendant Statements: Insights from State v. Ephrium Thomas Introduction State of North Dakota v. Ephrium Thomas is a pivotal case adjudicated by the Supreme Court of North Dakota on...
Reversing Delvo: Strict Adherence to Motion Practices in Postconviction Relief Applications

Reversing Delvo: Strict Adherence to Motion Practices in Postconviction Relief Applications

Date: Nov 18, 2021
Reversing Delvo: Strict Adherence to Motion Practices in Postconviction Relief Applications Introduction The Supreme Court of North Dakota, in Lorry Van Chase v. State of North Dakota, 2021 N.D. 206,...
Enforcement of Nonclaim Statute in Estate Litigation: Insights from Behle IV v. Harr

Enforcement of Nonclaim Statute in Estate Litigation: Insights from Behle IV v. Harr

Date: Oct 29, 2021
Enforcement of Nonclaim Statute in Estate Litigation: Insights from Behle IV v. Harr Introduction Henry H. Behle IV v. Darren Harr as Personal Representative of the Estate of Henry L. Behle is a...
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