support a finding that a preponderance of the evidence demonstrates conduct ( of the defendant ) with a state of mind evincing an intent to harm or injure another specific person . The Supreme Court reversed the damage award against the defendant , in excess of $ 1 million , that included both compensatory and punitive damages , and remanded the case back to the district court for a trial on compensatory damages only .
Kruger , et . al . v . Goossen , 2021 ND 88 . Filed 5-20-21 .
In this civil action , the Supreme Court held that a district court ’ s findings of fact after a bench trial are presumptively correct and will not be reversed on appeal unless they are clearly erroneous .
State v . Mitchell , 2021 ND 93 . Filed 6-3-21 .
In this criminal sexual offense case , the Supreme Court held that because a preliminary hearing is not a trial , the finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial . Moreover , at a preliminary hearing , the state is not required to prove with absolute certainty , or beyond a reasonable doubt , that a crime occurred , but rather need only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty .
WSI v . Felan , et . al ., 2021 ND 97 . Filed 6-3-21 .
In this WSI case , the Supreme Court held that § 65-01-02 ( 11 )( a ) ( 3 ), N . D . C . C . requires a claimant to prove a compensable heartrelated injury by showing with reasonable medical certainty their employment caused the injury and that unusual stress of the job was at least 50 % of the cause of the injury . The Court also held that objective medical evidence ( required for such a showing ) may not be established solely by deductive reasoning .
circumstances and in determining the best interests of the child . The maturity of the child is a factually driven issue and will depend on the facts and circumstances of the particular case . A district court should consider a mature child ’ s preference only if there are persuasive reasons for that preference .
State v . Gedrose , 2021 ND 111 . Filed 6-24-21 .
In a felony case , the Supreme Court held that a statute enjoys a presumption of constitutionality unless it is clearly shown it contravenes the state or federal constitution . The Court further stated that due process is not violated merely because mens rea is not a required element of a criminal offense and that a felony offense of issuing a check without sufficient funds does not violate due process , even absent a requirement of mens rea , and the statute providing for the offense is constitutional on its face . The Supreme Court reversed the dismissal of the criminal charge against the defendant and remanded .
Decker v . WSI , 2021 ND 117 . Filed 7-1-21 .
In this worker ’ s compensation case , the Supreme Court held that statutory requirements for filing an appeal from an administrative agency decision are jurisdictional , and the appellant must strictly satisfy the statutory requirements in order for the district court to acquire subject matter jurisdiction over the appeal . In this case , the plaintiff seeking WSI benefits filed his appeal to the district court , from the decision of the administrative agency , in the wrong county . Because N . D . C . C . § 65-10-01 required the worker to file the appeal in the county where he resides or where the injury was inflicted , the district court in the wrong county was without subject matter jurisdiction to decide the appeal and , therefore , the judgment dismissing the worker ’ s appeal was affirmed .
PLS Services v . Clear Creek Retirement Plan , et . al ., 2021 ND 99 . Filed 6-3-21 .
In this foreclosure action , the Supreme Court held that a N . D . R . Civ . P . 54 ( b ) certification of judgment may be appropriate if the certified judgment completely decides an entire claim . The Supreme Court further held summary judgment is only appropriate if the nonmoving party has had a full opportunity to conduct discovery to develop information essential to its position .
Johnshoy v . Johnshoy , 2021 ND 108 . Filed 6-24-21 .
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In this child custody case , the Supreme Court held the preference of a mature child may be particularly significant to the trial court , both in determining whether there has been a significant change of
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