North Dakota Supreme Court Highlights
By Michael J . Morley
Author ’ s Note and Caveat : The following cases of interest were recently decided by the North Dakota Supreme Court . Because the following contain the author ’ s summary of the decisions , the reader is encouraged to read the entire published decision to determine its precedential value , if any , in a given case .
Schroeder , et . al . v . State . 2020 ND 167 . Filed 7-22-20 .
In this tort case , the Supreme Court held the State of North Dakota is immune from liability for claims relating to an injury directly or indirectly caused by the performance of a public duty , including the state ’ s duty to maintain the interstate and keep it in good and safe condition for general public use . The Court further held the State of North Dakota is immune from liability for claims resulting from a snow or ice condition on a highway , except when the snow or ice condition was affirmatively caused by a state employee ’ s negligent act .
Fredricks , et . al . v . Vogel Law Firm , et . al . 2020 ND 171 . Filed 7-22-20 .
Here , the Supreme Court held that the principle of res judicata prevents relitigation of claims that were raised , or that could have been raised , in earlier actions between the same parties or their privies . The Court also held that a party with a single cause of action generally may not split that cause of action and maintain several lawsuits for different parts of the action .
Wald v . Wald . 2020 ND 174 . Filed 7-30-20 .
The Supreme Court held that a landowner may testify about the value of the land without any further qualifications or special knowledge . However , it appears from the decision that because the landowner ’ s opinion of value was very close to the valuation opinion of the other party ’ s expert appraiser , and because – with reference to several other items of property – the other party provided no evidence of value whatsoever , the district court ’ s opinion on value was not clearly erroneous and was , therefore , upheld on appeal .
Berg v . Jaeger , et . al . 2020 ND 178 . Filed 8-26-20 .
This case is related to the Oversen v . Jaeger case . In this case , the Supreme Court held that the five-year residency requirement of Article V , Section 4 of the North Dakota Constitution , relating to holding an executive branch office , does not violate the equal protection clause of the Fourteenth Amendment to the United States Constitution . The Court also said a person ’ s legal residence is a question of fact .
Instasi v . Hiebert . 2020 ND 180 . Filed 8-27-20 .
In this child custody case , the Supreme Court stated a court of North Dakota may modify a child custody determination made by a court of another state if the court of the other state determines it no longer has exclusive , continuing jurisdiction , or that a court of North Dakota would be a more convenient forum .
Koffler v . Koffler . 2020 ND 184 . Filed 8-27-20 .
In this child support action , the Supreme Court stated a child support obligor ’ s self-induced reduction in income generally does not constitute a material change in circumstances warranting a modification ( reduction ) of a child support obligation . This case is interesting , because while the obligor was fired from his job , thus reducing his income and ability to pay child support , he was fired for long-term performance problems that were within his control and for which he had been warned numerous times . Because the obligor brought his reduction in income on himself , he could not use that as a material change of circumstance warranting reduction of his child support obligation . The district court ’ s decision was reversed , and the obligor ’ s child support obligation was reinstated .
Michael J . Morley received his juris doctor with distinction and was admitted to the Order of the Coif upon graduation from the University of North Dakota School of Law in 1979 . That same year , he was admitted to practice law in North Dakota State Courts and the United States District Courts for the District of North Dakota . In 1981 , he was admitted in the Minnesota State Courts and the United States District Court for the District of Minnesota , as well as the United States Court of Appeals for the Eighth Circuit . He is a member of the State Bar Associations of North Dakota and Minnesota and is currently president and shareholder of Morley Law Firm , Ltd ., in Grand Forks .
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