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| City of Bismarck v. Mariner Constr., Inc., No. 20050322,
SUPREME COURT OF NORTH DAKOTA, May 16, 2006, Filed
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Overview: District court abused its discretion in denying a construction company's motion for a new trial where it effectively instructed the jury to interpret the contract, but did not fairly and adequately advise the jury on the applicable law on the claim. A remand was required as the appellate court could not discern the basis for the jury's decision.
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| Disciplinary Bd. v. Chinquist (In re Chinquist), No. 20050359,
SUPREME COURT OF NORTH DAKOTA, May 16, 2006, Filed
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Overview: Attorney was suspended for six months and one day because he violated N.D. R. Prof'l Conduct 1.15(a) and (f) as he did not communicate to client rate to be charged for representation, accepted excessive cash payments that bore no relationship to work performed, provided no billing statements, and failed to maintain records.
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| Landers v. Biwer, No. 20050313,
SUPREME COURT OF NORTH DAKOTA, May 16, 2006, Filed
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Overview: Because testimony supported family's position that buyers misrepresented the disputed contract to family as a right of first refusal, the buyers came into court with unclean hands, and due to the misrepresentations they were not entitled to specific performance under N.D. Cent. Code § 32-04-13.
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| Bank Ctr. First v. R.C. Transp., LLC, No. 20050299,
SUPREME COURT OF NORTH DAKOTA, May 17, 2006, Filed
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Overview: A senior redemptioner's attempt to redeem real property from junior redemptioners (JRs) who had acquired it was untimely where it was filed beyond the 60-day period from when the JRs filed the notice of redemption with the county recorder pursuant to N.D. Cent. Code §§ 28-24-03 and 28-24-04.
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| Carpenter v. Rohrer, No. 20050127,
SUPREME COURT OF NORTH DAKOTA, May 17, 2006, Filed
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Overview: Where a judgment was rendered for a patient in his professional malpractice action against a social worker, he was entitled to a cost award pursuant to N.D. Cent. Code § 28-26-06 despite the fact that no damages were awarded to him, as he was the prevailing party.
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