Justia Civil Procedure Opinion Summaries

The case involves a personal injury action initiated by Torrey Kath against Michael Prochnow and Prochnow Farms. After the parties filed a "Stipulation of Dismissal with Prejudice," the district court dismissed the case. Kath then filed a separate declaratory judgment action against Agraria Insurance Company, doing business as Farmers Union Mutual Insurance Company (FUMIC), seeking an order that FUMIC had a duty to indemnify Prochnow under an insurance policy. While FUMIC's motion in the declaratory judgment action was pending, Kath and Prochnow filed a "Joint Rule 60 Motion to Vacate Dismissal with Prejudice" in the original case, seeking an amended judgment.The district court had previously dismissed the case with prejudice. However, Kath and Prochnow filed a motion to vacate the dismissal, which the court granted. FUMIC then filed a motion to intervene, arguing that Kath and Prochnow were seeking to impair its rights. The district court ruled that it lacked jurisdiction to decide on FUMIC's intervention motion because the case had been dismissed.The Supreme Court of North Dakota disagreed with the district court's decision. The court noted that Kath and Prochnow's motion to vacate the dismissal re-invoked the district court's jurisdiction. Furthermore, FUMIC's intervention motion initiated a special proceeding, which also invoked the court's jurisdiction. Therefore, the Supreme Court held that the district court erred in ruling that it lacked jurisdiction to consider FUMIC's motion to intervene. The case was remanded for the district court to decide on FUMIC's motion to intervene and, if necessary, to conduct additional proceedings consistent with its disposition of the motion. View "Kath v. Prochnow" on Justia Law

Glenn Solberg, representing himself, appealed against orders denying his motions for relief from judgment and for reconsideration. He also moved for a jury trial and disqualification of the Court, alleging bias and conflict of interest. Solberg's claims of bias were based on prior decisions that were adverse to him. Greg Hennessy, the defendant, argued that the appeal was frivolous and requested attorney’s fees and double costs.The District Court of Williams County had denied Solberg's motions for relief from judgment and for reconsideration. Solberg then appealed these decisions to the Supreme Court of North Dakota.The Supreme Court of North Dakota denied Solberg's motion for a jury trial and disqualification, stating that the law presumes a judge is unbiased and not prejudiced. The court also noted that adverse or erroneous rulings do not, by themselves, demonstrate bias. For recusal to be warranted, a judge must be partial or there must be some external influence that creates an appearance of impropriety. The court found that Solberg failed to allege facts showing bias or the existence of an external influence creating an appearance of impropriety. The court also concluded that Solberg's request for a jury trial was frivolous as the Supreme Court reviews the rulings of the district court and does not engage in fact finding. The court affirmed the orders of the district court under N.D.R.App.P. 35.1(a)(1) and (4), finding the appeal to be frivolous and completely without merit. The court also awarded Hennessy double costs and attorney’s fees in the amount of $15,697.50 for defending this frivolous appeal. View "Solberg v. Hennessy" on Justia Law

Scott and Traci Musland, married in 1997, separated in 2022, and Scott filed for divorce. The couple resolved several interim issues through mediation, including exclusive use of the marital and lake homes. A bench trial was held in July 2023, where both parties provided testimony and exhibits. The district court found the Musland marital estate to be valued at just over eight million dollars. Traci Musland was awarded sections of land, a lake home, all of the couple’s retirement funds, miscellaneous equipment, and personal property. She also received an “equity payment” of $700,000 and was allocated responsibility for the debt associated with her credit cards and appraisal fee, leaving her a net estate of $3,224,357. Scott Musland was awarded a net estate of $4,961,915, which included the marital home, farmland, and debt, totaling $2,388,931.Traci Musland appealed the district court's decision, arguing that the property division was clearly erroneous, that the court erred in setting a land rent value, and failing to award her rent for the 2023 tax year, and that the right of first refusal granted to Scott Musland was not appropriate. The Supreme Court of North Dakota reviewed the district court’s distribution of marital property under a clearly erroneous standard. The court found that the district court provided a thorough analysis of the Ruff-Fischer guidelines and applied the law properly. The court concluded that the division of the marital estate was not clearly erroneous.However, the Supreme Court of North Dakota agreed with Traci Musland that the language of the right of first refusal as written was not appropriate. The court remanded that issue to the district court to modify the right of first refusal to provide that it is triggered by the acceptance of an offer by Traci Musland, subject to the right of first refusal. The court affirmed the district court’s distribution of the marital estate in all other respects. View "Musland v. Musland" on Justia Law

The case revolves around a dispute over oil and gas interests between Spottie, Inc., a Nevada corporation, and several other Nevada corporations and a limited liability company. Spottie alleged that the defendants had wrongfully claimed title to these interests, which were once owned by Edward Davis, who had formed Spottie as a holding company. The defendants countered that they had entered into an agreement with Davis to acquire these interests, and that Davis and Spottie had transferred the disputed interests to one of the defendants via an assignment in 2016.The district court dismissed several of Spottie's claims, leaving only a quiet title claim and a claim for unjust enrichment. After a three-day bench trial, the court ruled in favor of the defendants, finding that the assignment from Davis and Spottie to one of the defendants was valid. The court also found that Spottie had erroneously received revenue from the disputed interests and awarded damages to the defendants.Spottie appealed the decision, arguing that the district court had erred in its ownership determination, its rejection of Spottie's laches defense, its binding of a non-party to the judgment, and its award of attorney fees and costs. The Supreme Court of North Dakota affirmed in part, concluding that the district court did not err in its ownership determination and its award of attorney fees. However, it reversed in part, finding that the court had erred in awarding costs for non-legal expenses. The case was remanded for the court to recalculate its cost award and to consider the defendants' request for additional attorney fees and legal costs. View "SPOTTIE v. BAIUL-FARINA" on Justia Law

The case involves Timothy Morales, who was injured when he was hit by a vehicle driven by Ruby Junewal within the Weatherford Distribution Facility in Williston. Morales filed a lawsuit alleging negligence against Weatherford U.S., L.P., Junewal, and Junewal's employer, Wilhoit Properties, Inc. He also claimed that Weatherford was negligent for failing to install proper lighting, road signs, or sidewalks near the road.The District Court of Williams County dismissed Morales's claims against Wilhoit with prejudice after the parties did not oppose Wilhoit’s motion for summary judgment. Later, Weatherford moved for summary judgment, arguing that it owed no duty to Morales because he was aware of the obvious danger posed by vehicles on the roadway. The district court granted Weatherford’s motion, and Morales appealed.Meanwhile, Junewal notified the court that she and Morales had reached a settlement. However, no concluding documents were filed. The district court then entered an order for judgment under its order granting Weatherford summary judgment. Morales appealed again, but the Supreme Court of North Dakota dismissed his appeal because claims against Junewal remained pending in the district court.In the Supreme Court of North Dakota, the court concluded that the district court misapplied the law when it treated Morales’s request as a Rule 60(b) motion and held it “no longer has jurisdiction.” The Supreme Court reversed the district court's order denying Morales's request and remanded the case with instructions for the district court to enter a single final judgment adjudicating all the claims and all the parties’ rights and liabilities within twenty days from the filing of the Supreme Court's opinion. View "Morales v. Weatherford U.S., L.P." on Justia Law

In June 2015, Jordan Morsette was driving on the wrong side of the road when his vehicle collided head-on with another vehicle driven by Shayna Monson. Monson suffered serious bodily injuries, while two passengers in her vehicle, Taylor Goven and Abby Renschler, died at the scene. Morsette admitted liability for the collision, and a jury trial was held to determine the amount of compensatory damages. The jury awarded the plaintiffs a total of $242 million in noneconomic compensatory damages and $895 million in punitive damages.Morsette appealed the verdict, and the Supreme Court of North Dakota reversed and remanded the case, holding that the lower court erred in admitting evidence of Morsette’s intoxication when liability was admitted, and in allowing a claim for punitive damages. On remand, the district court held another jury trial, which resulted in a verdict awarding a total of $175 million in noneconomic damages. Morsette again appealed, arguing that the plaintiffs improperly referred to alcohol at the trial on remand, that the damages award was excessive, and that the jury improperly speculated as to the damages.The Supreme Court of North Dakota found that the district court did not abuse its discretion in denying Morsette a new trial based on the limited references to alcohol during the trial on remand. However, the court concluded that the district court did abuse its discretion by not providing an explanation of the evidence supporting the jury’s award of noneconomic damages, and by concluding the damages award was not excessive. Therefore, the court reversed the judgment and the order denying Morsette’s motion for new trial, and remanded the case to the district court for further proceedings. View "Zander v. Morsette" on Justia Law

The case revolves around a fatal collision that occurred in May 2016 when Lyle Lima, who was legally blind, drove his truck into a horse-drawn hay trailer on a highway, resulting in the death of one passenger and injuries to others. In April 2015, a doctor at Dakota Eye Institute had declared Lima legally blind and instructed him not to drive. In April 2016, another doctor from the same institute, Dr. Briana Bohn, examined Lima and advised him not to drive at night and only minimally during the day, specifically avoiding highways. The plaintiffs, injured parties and their representatives, claimed that Dr. Bohn was liable for medical malpractice as Lima's eyesight was still below the minimum vision standards required to operate a vehicle in North Dakota.The plaintiffs initially filed a suit against the defendants, which was dismissed by the district court. However, the Supreme Court of North Dakota reversed and remanded the decision. On remand, the defendants moved for summary judgment, arguing that the plaintiffs failed to establish a prima facie case showing a breach of duty and that Dr. Bohn did not proximately cause Lima’s economic injuries. The district court granted summary judgment in favor of the defendants, concluding that no reasonable jury could find Dr. Bohn proximately caused Lyle Lima’s injury.The Supreme Court of North Dakota affirmed the district court's decision. The court found that Dr. Bohn had clearly instructed Lima not to drive on highways, and the accident had occurred on a highway. The court concluded that the plaintiffs had failed to present competent admissible evidence to raise an issue of fact, and thus, the district court had correctly granted summary judgment in favor of the defendants. View "Cichos v. Dakota Eye Institute, P.C." on Justia Law

The case involves Laura Cote and Adam Cote, who were divorced in November 2022. The divorce agreement prohibited exposing their children to felons and known sex offenders. However, Laura Cote began dating Steven Alexander, a convicted sex offender, in August 2022. In April 2023, Adam Cote filed a motion to modify residential responsibility and sought a contempt sanction against Laura Cote for violating the terms of the judgment by allowing Alexander to be around the children. He also filed a motion to compel discovery seeking communications between Laura Cote and Alexander and Laura Cote’s bank statements.The District Court of Ward County found Laura Cote in contempt of court for allowing and encouraging contact between the children and Alexander. However, the court denied Adam Cote’s motion for primary residential responsibility, deeming it an "extreme remedy." Instead, the court ordered that the children have no contact with Alexander and warned Laura Cote of significant consequences for non-compliance. The court also denied Adam Cote’s motion to compel discovery.In the Supreme Court of North Dakota, Adam Cote appealed the district court's orders denying his motion to modify residential responsibility and motion to compel discovery. Laura Cote cross-appealed the order finding her in contempt of court. The Supreme Court affirmed the lower court's decision in part, agreeing that the court did not abuse its discretion in denying Adam Cote’s motion to compel discovery or in finding Laura Cote in contempt of court. However, the Supreme Court found that the district court failed to make necessary findings regarding the best interest factors for the Supreme Court to provide a meaningful review of the district court’s denial of a modification of primary residential responsibility. Therefore, the Supreme Court reversed in part and remanded the case with instructions to provide findings on the best interests of the children. View "Cote v. Cote" on Justia Law

Scott Dahms hired Legacy Plumbing, LLC to perform plumbing work in a house built in the 1920s. Due to the age and condition of the piping, Legacy recommended replacing as much of the piping as possible. Dahms, however, wanted to keep costs low and did not want additional piping replaced. After Legacy completed the work, Dahms discovered a leak in the bathroom, which caused damage to the home. Dahms filed a lawsuit in small claims court for the cost to repair the damage from the leak. Legacy removed the case to district court, filed an answer, and moved for summary judgment. The district court granted summary judgment in favor of Legacy and dismissed Dahms’s claim.The district court granted summary judgment in favor of Legacy, concluding that there was no genuine issue of fact as to the source and cause of the leak. The court relied on affidavits and photographs provided by Legacy, which asserted that the source of the leak was the original lead and Oakum joint seal inside the main cast iron stack, not the PVC piping or hub part installed by Legacy. The court also concluded that the damage due to the leak was an incidental under the warranty clause of the contract between Dahms and Legacy.The Supreme Court of North Dakota reversed the district court's decision, concluding that a genuine issue of material fact exists as to the source and cause of the leak. The court found that the district court had improperly weighed the evidence and determined witness credibility by considering the experience of the affiants. The Supreme Court also found that a genuine issue of material fact exists regarding whether the damage was incidental to Legacy’s work under the agreement. The court denied Legacy's request for attorney’s fees and remanded the case back to the district court. View "Dahms v. Legacy Plumbing" on Justia Law

The Supreme Court of North Dakota reviewed a case involving Donovan Meuchel, a member of Red Trail Energy, LLC, who requested information from the company after it solicited bids for a project and his company's bid was unsuccessful. Meuchel claimed a right to the information under state law, but Red Trail argued that he was not entitled to the information as it was not material to his rights and duties as a member of the company. The District Court sided with Red Trail, and Meuchel appealed.The Supreme Court affirmed the lower court's decision, concluding that the court had not erred in denying Meuchel's request for information or in awarding attorney’s fees to Red Trail. The court explained that under North Dakota's Uniform Limited Liability Company Act, a member of an LLC has a right to any record or information that is material to the member's rights and duties or any other information, unless the demand is unreasonable or improper. In this context, information is considered "material" if there is a substantial likelihood that a reasonable decision maker would consider it important.The court found that Meuchel had not shown that the information he sought was material to his rights and duties as a Red Trail member. Furthermore, the court determined that Red Trail's refusal to provide information on the bidding process was not unreasonable, given that disclosure could have negatively impacted the company's financial status and reputation. The court also found that Meuchel had failed to make a good faith effort to resolve the discovery dispute outside of court, which justified the award of attorney’s fees to Red Trail. View "Meuchel v. Red Trail Energy" on Justia Law