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apparent rationale for this appears to be that knowledge of some injury should lead the plaintiff to inquire whether there is more. Moreover, this writer also notes that an injured plaintiff should have ample time to utilize the discovery process and determine the extent of any additional injury before trial. Northwest Grading, Inc. v. North Star Water, LLC, et. al. 2020 ND 47. Filed 2-27-20. In this contract dispute, the Supreme Court stated where there are offsetting damages awards between two parties, the proper method of calculating pre-judgment interest is to first determine the net award and then determine interest on that net amount. Smithberg v. Jacobson, et. al. 2020 ND 46. Filed 2-27-20. In this civil case involving a writ of supervision, the Supreme Court stated when an appellate court remands a case for trial without limitation, a party who previously stipulated to waive the right to a jury trial may demand a jury trial on remand, unless the parties intended the stipulation to apply to any future trials or the right is otherwise limited by law. City of West Fargo v. Eckstrom. 2020 ND 37. Filed 2-12-20. In a criminal DUI case, the Supreme Court held that a mistrial that is declared with the defendant’s consent, such as when the defendant moves for a mistrial without having been goaded into doing so by misconduct attributable to the prosecutor, generally does not bar a later prosecution on the ground of double jeopardy. Hondle v. State, et. al. 2020 ND 20. Filed 1-23-20. In this civil case, the Supreme Court stated that absent personal jurisdiction, a court is powerless to do anything beyond dismissing the action without prejudice. The Court stated a determination of subject matter and personal jurisdiction must precede any dismissal with prejudice. Willprecht v. Willprecht, 2020 ND 77. Filed 4-6-20. In a divorce case, the Supreme Court held if the parties do not agree on a valuation date for marital property, the valuation date is the date the parties separated or the date of the service of the Summons in the action, whichever occurred first. The Supreme Court also stated a district court’s ability to award post-minority child support is limited to circumstances under which the parents have a statutory legal duty to support adult children. The Court further stated a district court errs if it orders child support to equitably balance the burdens of the divorce and to reduce an income disparity between the parties. ALTERNATE DISPUTE RESOLUTION SERVICES QUALIFIED NEUTRAL MEDIATORS Mediation is an effective and cost efficient method to resolve disputes. We are experienced to provide mediation in the following areas: Krebsbach, et. al. v. Trinity Hospital, Inc., et. al. 2020 ND 24. Filed 1-27-20. In this civil medical malpractice case, the Supreme Court stated that negligence claims relating to phlebotomy services performed by a hospital are governed by the two-year medical malpractice statute of limitations in North Dakota. The Court reiterated its long-standing rule that in a medical malpractice action, the statute of limitations begins to run when the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant’s possible negligence. JACK G. MARCIL [email protected] Devore v. American Eagle Energy Corp., et. al. 2020 ND 23. Filed 1-23-20. In this personal injury case, the Supreme Court reiterated its long-standing rule that an employer of an independent contractor generally is not liable for the acts or omissions of the independent contractor. However, an employer may be liable for an independent contractor’s torts if the employer retains control over the independent contractor. • • • • • • • • • • • Personal Injury Wrongful Death Professional Malpractice Construction Products Liability Estates Discrimination Commercial Contract Bankruptcy Banking Alternate dispute resolution can also include Arbitration, Early Neutral Evaluation, Mediation/Med. Arbitration. ROGER J. MINCH [email protected] 701-232-8957 • serklandlaw.com Fax: [phone] • 10 Roberts St. N., PO Box 6017, Fargo ND 58108-6017 SPRING 2020 23