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| Bertsch v. Bertsch, No. 20050183,
SUPREME COURT OF NORTH DAKOTA, February 2, 2006, Filed
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Overview: Where court began and ended its analysis of mother's request for attorney's fees under N.D. Cent. Code § 14-05-23 with father's good faith in opposing her motion to change residency, while he might not have unreasonably escalated the fees, that factor was not necessarily dispositive, and matter was remanded for reconsideration of mother's request.
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| Davis v. Killu, No. 20040301,
SUPREME COURT OF NORTH DAKOTA, February 2, 2006, Filed
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Overview: In malpractice suit, trial court did not err by not allowing patient's medical expert to testify about opinions contained in patient's medical records that had been redacted for trial because even though expert could describe inadmissible hearsay to show basis for opinion, such testimony was inadmissible where prejudice outweighed probative value.
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| MBNA Am. Bank, N.A. v. Hart, No. 20050179,
SUPREME COURT OF NORTH DAKOTA, February 3, 2006, Filed
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Overview: The trial court did not err in granting the bank's motion for summary judgment to collect principal and interest on an unpaid loan via an arbitration award and properly denied the customer's various motions because he failed to timely challenge the award under the Uniform Arbitration Act, former N.D. Cent. Code ch. 32-29.2.
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| Stein v. Workforce Safety & Ins., No. 20050196,
SUPREME COURT OF NORTH DAKOTA, February 6, 2006, Filed
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Overview: North Dakota Workforce Safety and Insurance was not authorized by N.D. Cent. Code § 65-05-09(1) to recalculate the claimant's average weekly wage as he had not met the requirement of 12 consecutive calendar months or more of work for each recurrence of the disability.
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| Maynard v. McNett, No. 20050090,
SUPREME COURT OF NORTH DAKOTA, February 8, 2006, Filed
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Overview: Where parents had joint legal and physical custody of their child, a court erred in allowing the mother to move with the child, under N.D. Cent. Code § 14-09-07, because the court did not first determine that the best interests of the child required a change in primary custody to the mother.
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| Preference Pers., Inc. v. Peterson, No. 20050255,
SUPREME COURT OF NORTH DAKOTA, February 8, 2006, Filed
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Overview: Where an employment agency was unlicensed, contrary to N.D. Cent. Code § 34-13-02, at the time it entered into a placement contract with an employee, the contract was unenforceable as against public policy and the agency's action against the employee for breach of contract was properly dismissed.
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