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 .
State ex . rel . Stenehjem v . Maras , et . al ., 2021 ND 68 . Filed 4-20-21 .
In this civil case involving the North Dakota Attorney General ’ s investigation of the defendant for violation of consumer fraud protection laws , the Supreme Court held that the notice requirement for claims against the State of North Dakota or a state employee under N . D . C . C . § 32-12.2-04 ( 1 ) also applies to counterclaims . The Court further held that the entry of a default judgment as a sanction for discovery abuse may be imposed when there is a deliberate or bad faith non-compliance that constitutes a flagrant abuse or disregard for the discovery rules .
Big Pines v . Baker , et . al ., 2021 ND 70 . Filed 4-20-21 .
In a landlord tenant case , the Supreme Court held that under an absolute guaranty , the guarantor is liable to the guarantee immediately upon the default of the principal . The Supreme Court also held that the Supreme Court and the district courts possess concurrent jurisdiction to award attorney ’ s fees on appeal ; however , a preference exists that the initial determination be made by the district court .
City of Jamestown v . Casarez , 2021 ND 71 . Filed 4-20-21 .
In this DUI case , the Supreme Court held that a person is seized within the meaning of the Fourth Amendment of the United States Constitution only if , in view of all the circumstances surrounding the incident , a reasonable person would have believed he was not free to leave . The Court also held that under the Fourth Amendment an officer may , in appropriate circumstances and in an appropriate manner , detain an individual for investigative purposes when there is probable cause to make an arrest if a reasonable and articulable suspicion exists that criminal activity is afoot .
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 .
N . B . et . al . v . Terwilliger , et . al ., 2021 ND 74 . Filed 4-20-21 .
In this personal injury case , the Supreme Court held that under N . D . R . Civ . P . 59 ( g ), conformance to the evidence and the district court ’ s instructions negates any assertion that a jury verdict was rendered under passion or prejudice , and that an inadequate jury award provides a basis for a new trial only when it is without support in the evidence . The verdict in favor of the defendants was affirmed .
Interest of J . O ., 2021 ND 76 . Filed 4-20-21 .
In a juvenile case , the Supreme Court held that a termination of a guardianship in one case does not create a factual presumption that a guardianship in a related case should be terminated , and that under N . D . C . C . § 27-20.1-16 ( 3 )( c ), a petitioner must show by clear and convincing evidence the circumstances that led to the guardianship no longer exist .
Interest of K . V ., 2021 ND 79 . Filed 5-6-21 .
In this criminal juvenile case , the Court held that a police officer ’ s pat down of an individual may justify a pocket search when the officer ’ s tactile perception leads to the conclusion the subject possesses a weapon or it is clear from the plain feel the object felt during the pat down is contraband . The Court further held the odor of marijuana alone is not sufficient to establish probable cause to search a passenger in the vehicle , but it is a factor that may contribute to a finding of probable cause to conduct a warrantless search under the totality of the circumstances .
City of West Fargo v . Medbery , 2021 ND 81 . Filed 5-6-21 .
In this criminal case , the Court held that a community caretaking encounter between a police officer and an individual can lead to a lawful seizure under the Fourth Amendment , provided the officer undertakes the caretaking encounter to aid a person in apparent need of assistance , and during the encounter , the officer develops a reasonable and articulable suspicion of criminal activity .
Zander , et . al . v . Morsette , 2021 ND 84 . Filed 5-13-21 .
In this landmark decision , the Supreme Court held that punitive damages may be awarded against a defendant whose conduct is oppressive , fraudulent , or malicious . However , to support a punitive damages claim , the plaintiff must present sufficient evidence to
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