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| Gilbert v. Gilbert, No. 20060306,
SUPREME COURT OF NORTH DAKOTA, May 4, 2007, Filed
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Overview: Trial court erred by denying mother's motion under N.D. Cent. Code § 14-09-07 to move with child to West Virginia because she chose to move to live with her new husband, and the trial court failed to consider the benefits to the custodial family as a result.
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| WFND, LLC v. Fargo Marc, LLC, No. 20060125,
SUPREME COURT OF NORTH DAKOTA, May 7, 2007, Filed
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Overview: Judgment for plaintiff buyer on its fraud claim was affirmed because it was reasonable to assume that defendant seller was well aware that the tenant's rental obligation had been lowered, and that the seller neglected to apprise the tenant of its overpayment of rent, and the purchaser of the overpayment, because the error was in its favor.
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| Chamley v. Khokha, No. 20060261,
SUPREME COURT OF NORTH DAKOTA, May 8, 2007, Filed
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Overview: Court erred in awarding summary judgment to a physician in son's wrongful death action where physician, as matter of law, had expectation of remuneration under N.D. Cent. Code § 32-03.1-04 and was precluded from claiming immunity under Good Samaritan Act; physician was being "remunerated" by hospital when he performed procedure on the son's mother.
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| State v. Rogers, No. 20060300,
SUPREME COURT OF NORTH DAKOTA, May 8, 2007, Filed
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Overview: Defendant's conviction for class C felony sexual assault under N.D. Cent. Code § 12.1-20-07(1)(b) was reversed on appeal, where there was insufficient evidence the victim suffered from a mental disease or defect. The only evidence for mental disease or defect relied on by the State was the victim's intoxication.
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| Deraas v. Workforce Safety And Ins., No. 20070016,
SUPREME COURT OF NORTH DAKOTA, May 9, 2007, Filed
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