AE2S Construction , LLC v . Hellervik Oilfield Technologies , et . al ., 2021 ND 35 . Filed 2-18-21 .
The defendant appealed from a district court order denying its motion to vacate a default judgment , arguing it made a sufficient appearance in the action for purposes of N . D . R . Civ . P . 55 ( a ), and thus , the district court should have vacated the default judgment . The Supreme Court disagreed , concluding communications between counsel for both parties , prior to suit , did not constitute a sufficient appearance , under Rule 55 ( a ), N . D . R . Civ . P ., to require a motion and notice of motion for default judgment to be served upon defendant . The Supreme Court upheld the district court ’ s denial of the defense motion to vacate the default judgment because it did not constitute an abuse of discretion .
WSI v . Cherokee Services Group , et . al ., 2021 ND 36 . Filed 2-18-21 .
In this case , the Supreme Court held tribal sovereign immunity protects Indian tribes against lawsuits , even ones brought by the state . That extension of tribal sovereign immunity will also apply to a business , if the business qualifies as an arm of the tribe . The Supreme Court also concluded WSI has no statutory authority to order an insurance company to cease and desist writing coverage in North Dakota .
State v . Stands , 2021 ND 46 . Filed 3-24-21 .
In this drug case , the Supreme Court concluded sufficient competent evidence existed to show a defendant consented to a search of his person when he shrugged , mumbled , nodded , and lifted his hands . The Supreme Court upheld the district court ’ s denial of the defendant ’ s motion to suppress evidence of the drugs obtained from the defendant ’ s person and affirmed the defendant ’ s conviction of possession with intent to deliver .
Ryberg , et . al . v . Landsiedel , 2021 ND 56 . Filed 3-24-21 .
In this personal injury case , the Supreme Court concluded a settlement agreement is a contract between parties and , thus , contract law applies in interpreting and enforcing the agreement . When a settlement is fairly made before trial , it takes on the character of a contract between the parties and is final and conclusive and based on a good consideration . However , courts will not enforce a contract which is vague , indefinite , or uncertain nor will they make a new contract for the parties . An oral contract can be enforced only when the parties have agreed on its essential terms . Because no written settlement agreement between the parties was filed in the district court with the motion to enforce the agreement , and the district court refused to grant a hearing on the motion , the district court erred in granting the motion to enforce the settlement agreement . The Supreme Court reversed the district court judgment dismissing the action .
Somerset Court , et . al . v . Burgum , et . al ., 2021 ND 58 . Filed 3-24-21 .
In this case , the Supreme Court reiterated the longstanding rule that a party waives an issue by not providing supporting arguments , reasoning , or citations to relevant legal authority . Moreover , a party abandons an argument by failing to raise it in the party ’ s appellate brief . The appellants argued the Governor ’ s executive orders were beyond his statutory powers . The appellants , however , failed to adequately challenge , with supporting argument and authority , the district court ’ s conclusion their case against the Governor was moot and should be dismissed . Accordingly , that dismissal was upheld on appeal .
State v . Borland , 2021 ND 52 . Filed 3-24-21 .
In this homicide case , the Supreme Court held that a defendant generally waives the constitutional protection against being placed in double jeopardy after a verdict or judgment against him is set aside at the defendant ’ s request , either by motion in the trial court or upon a successful appeal . The circumstances under which such a defendant may invoke the bar of double jeopardy in a second effort to try him are limited to those cases in which the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for that mistrial .
22 THE GAVEL