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 Introduction This commentary examines the 2025 North Dakota Supreme Court decision in ICON HD, LLC...
Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle Introduction Nagle v. Nagle, 2025 ND 94, is a landmark decision by the Supreme Court of North Dakota issued...
Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87) Introduction Zittleman v. Bibler is a 2025 decision by the Supreme Court of North Dakota addressing two...
Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests Introduction The Supreme Court of North Dakota’s decision in Skobodzinski v. NDDOT, 2025 ND 84, addresses...
Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt Introduction The Supreme Court of North Dakota’s decision in Matter of Emelia Hirsch Trust, 2025 ND 79, confronts the tension...
Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown Introduction State of North Dakota v. Taelor Brown (2025 ND 86) presents a critical...
Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025) 1. Introduction The Supreme Court of North Dakota’s decision in...
Clarifying the Property-Owner Rule’s Supremacy Over Hearsay Valuation Evidence Introduction In State v. Ziegler, 2025 ND 78, the Supreme Court of North Dakota confronted two central issues on appeal:...
Affirming Probable Cause through Hearsay and Inference in Terrorizing Charges Introduction In State v. Lafromboise, 2025 ND 81, the Supreme Court of North Dakota clarified the standard for...
Holte v. Rigby: Limits on Offsetting Successor Life Beneficiaries’ Vested Income Interests Introduction Holte v. Rigby, 2025 ND 77 (N.D. 2025), arises from alleged misappropriation of trust income by...
Mandating Reasoned and Specific Findings in Child Custody, Parenting Time, and Equitable Property Distribution Introduction The Supreme Court of North Dakota’s decision in Shively v. Shively, 2025 ND...
Clarifying N.D.C.C. § 14-09-06.6: Original Determination of Primary Residential Responsibility in Joint Custody Modifications Introduction In Kinden v. Kinden, 2025 ND 68, the Supreme Court of North...
Default Venue for Administrative Appeals: Primacy of N.D.C.C. § 28-32-42 in WSI v. Jones Introduction In WSI v. Jones, 2025 ND 74, the Supreme Court of North Dakota addressed a recurring procedural...
Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75 Introduction In State v. Allman, 2025 ND 75, the Supreme Court of North Dakota addressed...
Byrd v. State (2025 ND 55): Mixed “Intentional or Knowing” Conspiracy Pleas Survive if the Record Establishes Intent—Non‑Cognizable Alternative Deemed Harmless Introduction In Byrd v. State, the...
State v. Littleghost and the On-the-Record Factual Basis Mandate: Accepting a Guilty Plea Without Articulated Facts Is Plain Error in North Dakota Introduction In State v. Littleghost, 2025 ND 65...
Killoran v. Kaler: North Dakota Clarifies Rule 12(b)(6) Limits—No Dismissal on Unraised Grounds Without Notice and No Duty to Plead Around Privilege in Defamation Cases Introduction In Killoran v....
Williamson v. State (2025 ND 66): Waiver of Res Judicata, Affirmance on Misuse-of-Process, and the Categorical Bar on Ineffective Assistance of Postconviction Counsel Claims Introduction In...
Estate of Kautzman: No Piecemeal Appeals in Formal Probate—Rule 54(b) Certification Required; Disqualification Orders Remain Enforceable Pending Appeal Introduction In Estate of Kautzman, 2025 ND 57,...