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| Thompson v. Workforce Safety & Ins., No. 20050392,
SUPREME COURT OF NORTH DAKOTA, March 31, 2006, Filed
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Overview: A trial court properly upheld the termination of an employee's temporary total disability benefits where his medical records showed that he had repeatedly sought treatment for his neck, back, and right shoulder, as well as a head and neck problem that required 34 chiropractic treatments in the year preceding his work-related injury.
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| Bernabucci v. Huber, No. 20050275,
SUPREME COURT OF NORTH DAKOTA, April 3, 2006, Filed
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Overview: District court properly granted summary judgment against trustees based on mutual release contained in stock purchase agreement, and against shareholder based on terms of offer he accepted to purchase his shares of stock, which prohibited payment of further dividends, N.D. Cent. Code § 10-19.1-92(1)(c). Court did not err in denying motion to amend.
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| Toso v. Workforce Safety & Ins., No. 20050143,
SUPREME COURT OF NORTH DAKOTA, April 3, 2006, Filed
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Overview: North Dakota Workforce Safety and Insurance (WSI) could apply subrogation statute, N.D. Cent. Code § 65-01-09, to the employee's settlement award where the employee did not prove that the settlement damages caused by the alleged third party negligence did not arise out of his initial work injury and employee knew WSI would apply statute to award.
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| Hopfauf v. Hieb, No. 20050203,
SUPREME COURT OF NORTH DAKOTA, April 6, 2006, Filed
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Overview: Summary judgment in favor of a surgeon and clinic was affirmed because there were no issues of material fact in dispute that supported a patient's contention that the surgeon breached any duty owed to her, when the duty of obtaining informed consent rested with the dentist, the referring physician, and not the surgeon, the performing physician.
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| Edin v. Disciplinary Bd. (In re Edin), No. 20060102,
SUPREME COURT OF NORTH DAKOTA, April 13, 2006, Filed
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Overview: An attorney was reinstated to the practice of law in North Dakota where, pursuant to N.D. R. Lawyer Disc. 4.5, he had recognized the wrongfulness of his conduct and had the requisite fitness and competence to practice law; additionally, he had paid the costs and expenses of the disciplinary and reinstatement proceedings.
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