Justia Civil Procedure Opinion Summaries

Williams County and Williams County Commission (collectively, “County”) appealed a judgment in favor of Twin City Technical LLC, Three Horns Energy, LLC, Prairie of the South LLC, and Irish Oil & Gas, Inc. (collectively, “Companies”) on their claim of unjust enrichment and adverse orders granting a bench trial, compelling discovery, and awarding expenses and attorney’s fees. The North Dakota Supreme Court concluded the County was barred from relitigating unjust enrichment and raising the defenses of waiver and unclean hands; and the district court did not err in finding laches did not bar the Companies’ unjust enrichment claim, awarding prejudgment interest beginning from September 2015, ordering a bench trial, granting the Companies’ motion to compel, and awarding expenses and attorney’s fees. Accordingly, judgment was affirmed, but the Supreme Court modified the order awarding expenses and attorney’s fees, subtracting the legal research expense. View "Twin City Technical, et al. v. Williams Cty, et al." on Justia Law

ason Canerdy appealed a district court order denying his motion for contempt and his motion to modify primary residential responsibility without an evidentiary hearing. Jason and Samantha Canerdy were divorced in June 2020. The parties had two minor children. The judgment awarded Samantha primary residential responsibility and Jason reasonable parenting time. In April 2021, Jason filed a motion to modify the judgment to be awarded primary residential responsibility of the minor children, or in the alternative, be awarded equal residential responsibility. Jason also filed a motion for contempt for Samantha's interference with his parenting time. The district court denied Jason's motion for contempt and his motion to modify the judgment for primary residential responsibility without an evidentiary hearing. The court found that there was no evidence that Samantha disobeyed the judgment, and that she had not committed contempt of court. Further, the court found no persistent and willful denial of parenting time, no evidence that the children were in any danger, and no evidence that primary residential responsibility changed. The court stated that Jason did not take responsibility for his own inaction in regard to not spending as much time with his minor children because he did not regularly attend or participate in their dance activities. The court noted that Jason would seek to make up his parenting time when the dance activities occur on his scheduled weekend. After review, the North Dakota Supreme Court concluded Jason established a prima facie case for modification and was entitled to an evidentiary hearing. The Court affirmed the district court in all other respects, and remanded the case for further proceedings. View "Canerdy v. Canerdy, et al." on Justia Law

Thomas Kaspari appealed an amended judgment awarding spousal support to Jean Kaspari entered after the first appeal in this case. The district court ordered Thomas to pay $7,000 per month in spousal support to Jean until he turned 65 years old. Thomas argued the district court erred in the amount of spousal support it awarded, claiming: (1) the court failed to properly consider the distribution of the parties’ assets and debts; (2) the evidence did not support a finding of a need for support; and (3) the court improperly attempted to equalize the parties’ incomes. The North Dakota Supreme Court determined that although the district court made findings about the Ruff-Fischer factors and considered Jean's need for spousal support and Thomas' ability to pay, the court failed to adequately explain its reason for awarding spousal support of $7,000 per month when Jean did not show a need for that amount. "The court was not required to provide a detailed calculation of Jean Kaspari’s need for spousal support, but it was required to make sufficient findings to provide a discernible basis for its decision. Without further explanation from the district court, the amount appears to be arbitrary or an attempt to equalize the parties’ incomes." Accordingly, the Supreme Court reversed the district court’s spousal support decision and remanded for that court to make further findings explaining its decision or to reconsider the amount of support. View "Kaspari v. Kaspari" on Justia Law

North Dakota Insurance Reserve Fund (“NDIRF”) appealed a judgment and orders granting Lance Hagen’s amended petition for a writ of mandamus requiring NDIRF to disclose documents under the open records law. NDIRF argued: (1) the amended petition was untimely; (2) NDIRF was not a public entity subject to open records requests; and (3) the documents sought were protected from disclosure under North Dakota court rules. Hagen cross appealed, arguing the district court erred by not requiring NDIRF to disclose all of the documents he sought and by denying him costs and attorney’s fees. After review, the North Dakota Supreme Court affirmed in part, concluding the amended petition was timely, NDIRF was a public entity for purposes of the open records law, and the records sought were not exempt from disclosure. The Court reversed the part of the judgment and orders excluding records from disclosure, and remanded to the district court to review in camera those previously excluded records and those records identified in Appellant’s Brief to determine whether they were exempt from disclosure under the potential liability exception in N.D.C.C. 44-04-19.1(8). The Court affirmed the denial of costs and attorney’s fees. View "Hagen v. North Dakota Insurance Reserve Fund" on Justia Law

Dr. Jacob Schmitz appealed a district court judgment ordering: (1) the State Board of Chiropractic Examiners to disclose a limited portion of a recording from an April 2020 executive session of the Board; (2) denying the disclosure of any portion of a May 2020 executive session; and (3) the denial of his motion for attorney’s fees. In June 2020, Dr. Schmitz commenced this lawsuit, alleging that the Board violated the law regarding access to public records and meetings. The North Dakota Supreme Court declined to address Dr. Schmitz’s allegation that his right to due process was violated by the in-camera review because it was not properly preserved; reversed the denial of attorney’s fees; and remanded for additional portions of the executive sessions to be disclosed to Dr. Schmitz and for a determination of an appropriate award of attorney’s fees. View "Schmitz v. State Board of Chiropractic Examiners" on Justia Law

Brian Johnson, Rodger Johnson, Lyle Johnson, New Partnership and Nor-Agra, Inc. (Defendants) appealed an amended judgment dissolving the Johnson Farms partnership. Defendants argued the district court erred in its valuation and distribution of the partnership’s assets. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Sproule, et al. v. Johnson, et al." on Justia Law

James Behrens appealed orders granting a petition for appraisal of a homestead, directing the sale of the homestead, and confirming the sale. After review, the North Dakota Supreme Court concluded the district court misapplied the law in granting the petition for an appraisal. Therefore, the Court reversed the orders and remanded for further proceedings. View "Malloy, et al. v. Behrens" on Justia Law

Darilyn Baker, individually and on behalf of a certified class, appealed an order denying her motion for a new trial after a jury returned a verdict in favor of RW Enterprises, Inc. and Randy Westby. This case has been before the North Dakota Supreme Court three times. Prior to the Baker III decision, the district court dismissed Baker’s claims after finding the defendants did not violate disclosure requirements of the North Dakota Retail Installment Sales Act (“RISA”). Baker appealed. In Baker III, the Supreme Court concluded the retail installment contracts did not comply with RISA’s disclosure requirements. The Supreme Court reversed the district court’s judgment and remanded for consideration of a willful violation of RISA and the remedies available for noncompliance with the disclosure requirements. On remand, Baker filed a motion requesting the district court to approve a settlement with Autos, Inc., Robert Opperude, and James Hendershot, dismiss all claims under RISA, and grant summary judgment on the usury claim against RW Enterprises and Westby. The court approved the settlement but denied the motions to dismiss and for summary judgment. At trial, Baker requested the jury be instructed on a partnership between the defendants. The district court declined to provide the partnership instruction, but provided an instruction on “acting in concert” in order for Baker to establish the defendants worked together. The jury found RW Enterprises and Westby did not violate RISA. By answering “no” to the RISA violation, the verdict form instructed the jury to stop answering other questions and return the form to the court. Had the jury found RW Enterprises and Westby in violation, the next question was whether the contract charged usurious interest and if so, what damages were suffered by the plaintiffs. Baker moved for a new trial arguing the district court provided an improper verdict form and jury instructions. The district court denied Baker’s motion. Finding no reversible error in that judgment, the North Dakota Supreme Court affirmed the district court. View "Baker v. Autos, Inc., et al." on Justia Law

Robyn Krile appealed a judgment dismissing her defamation claims against Julie Lawyer. In 2017, Assistant State’s Attorney Julie Lawyer received an anonymous letter concerning a Bismarck police officer’s destruction of evidence. During Lawyer’s investigation, she reviewed the file of Sergeant Robyn Krile and concluded Krile had made false statements as a Bismarck police officer. Lawyer sent a letter (“Giglio letter”) to Bismarck Police Chief Dan Donlin summarizing her investigation into Krile’s file and stating her belief that Krile had made false statements as a Bismarck police officer. Lawyer informed Chief Donlin that such information would have to be disclosed to the defense in cases in which Krile was involved pursuant to Giglio and, as a result, the Burleigh County State’s Attorney’s Office would no longer use Krile as a witness in its cases. The Bismarck Police Department terminated Krile’s employment because the Burleigh County State’s Attorney’s Office was no longer willing to use Krile as a witness. Krile filed a complaint with the Department of Labor and Human Rights claiming the Bismarck Police Department discriminated against her based on race and sex. As part of the Department of Labor’s investigation, the Bismarck Police Department submitted two affidavits of Lawyer in which she explained the circumstances and her reasoning for issuing the Giglio letter. The Department of Labor concluded the Bismarck Police Department did not unlawfully discriminate against Krile. In March 2019, Krile sued Lawyer in her official and individual capacity for defamation. The complaint alleged Lawyer defamed Krile by publishing the Giglio letter to the Bismarck Police Department, specifically Chief Donlin, and by publishing her affidavits to the Department of Labor in the course of its investigation. The complaint also alleged Lawyer defamed Krile by publishing the Giglio letter to the Peace Officer Standards and Training (POST) Board and by publishing the Giglio letter and related information to Krile’s prospective employers. Appealing the district court's judgment, Krile argued the district court erred by failing to consider all of the materials the parties submitted and thereby treat the motion to dismiss as a motion for summary judgment. She also argued the court erred in dismissing her defamation claims. The North Dakota Supreme Court affirmed, concluding Krile failed to plead a valid claim for defamation. View "Krile v. Lawyer" on Justia Law

Kendra Christiansen appealed a district court judgment affirming the Department of Transportation’s decision to suspend her license for 91 days. Christiansen was arrested for driving under the influence of alcohol. The arresting officer issued her the report and notice form. The Department received its copy of the report postmarked April 5, 2021, nine days after Christiansen’s arrest. At the administrative hearing, Christiansen argued the case should have been dismissed because the report was not forwarded to the Department within five days of Christiansen’s arrest as required by N.D.C.C. 39-20-03.1(4). The hearing officer determined the five-day requirement was not a basic and mandatory requirement and Christiansen failed to show resulting prejudice. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Christiansen v. NDDOT" on Justia Law