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   State Courts - North Dakota - October 20 - October 23, 2006

  
Eckroth v. B.L.S. (In the Interest of B.L.S.), No. 20060234, SUPREME COURT OF NORTH DAKOTA, October 20, 2006, Filed
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Overview: Because additional medications ordered by the district court were not certified by an independent physician as required by N.D. Cent. Code § 25-03.1-18.1(1)(a), the inmate's statutory rights were violated as to those medications, and the order authorizing the use of additional medication was reversed.

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Hild v. Johnson, No. 20060056, SUPREME COURT OF NORTH DAKOTA, October 20, 2006, Filed
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Overview: In landowners' quiet title action, the trial court did not err in quieting title of the mineral interests under a river in the mineral owners as a mineral deed by the parties' predecessors in interest conveyed to the mineral owners an undivided interest in the minerals in all the land in question, including that portion underlying the river.

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Kolrud v. Thomas (In re Thomas), No. 20050370, SUPREME COURT OF NORTH DAKOTA, October 20, 2006, Filed
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Overview: District court did not abuse its discretion in appointing nephew as his aunt's guardian and conservator under N.D. Cent. Code §§ 30.1-28-11(4), 30.1-29-10(4) because it found that the nephew had no ownership or beneficiary interest in his aunt's estate, would not accept any of her assets, and would waive his right to compensation if appointed.

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Hasper v. Ctr. Mut. Ins. Co., No. 20050316, SUPREME COURT OF NORTH DAKOTA, October 23, 2006, Filed
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Overview: A UIM insurer had to demonstrate actual prejudice from a lack of prior notice of a settlement and release with alleged tortfeasors under N.D. Cent. Code § 26.1-40-15.6(7), and since the district court effectively read the requirement of an adverse effect out of the statute and applied the wrong legal standard, summary judgment was inappropriate.

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Rojas v. Workforce Safety & Ins., No. 20060087, SUPREME COURT OF NORTH DAKOTA, October 23, 2006, Filed
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Overview: Court erred in affirming Workforce Safety and Insurance decision to only pay claimant $ 9,876 for costs and attorney's fees for his winning appeal and holding that that was maximum amount it could pay under N.D. Cent. Code §§ 65-02-08 and 65-10-03 fee cap; N.D. Cent. Code § 28-32-50, general attorney fee provision for administrative cases, applied.

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