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| Allard v. Johnson, No. 20060080,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: In a case in which an agent made unauthorized withdrawals from the principal's bank account and purchased a new pickup truck in the principal's name, the trial court erred in failing to apply the statutory presumption of undue influence under N.D. Cent. Code § 59-01-16. The agent violated her fiduciary duties to the principal.
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| Dunnuck v. Dunnuck, No. 20060126,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: A mother's motion to modify child support was denied because she failed to show a material change in circumstances under N.D. Cent. Code § 14-09-08.4(4); even though the motion was the first seeking to modify the actual amount of child support paid, earlier that same year the mother had challenged a bonus payment and an income tax exemption.
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| Eifert v. Eifert, No. 20060069,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: A district court did not err by awarding physical custody of two children to their father after finding that the factors under N.D. Cent. Code § 14-09-06.2(1)(d), (e), (m) favored him. The mother had spent very little time with the children due to military service, and the children were bonded to a nearby relative who cared for them for four years.
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| Genter v. Workforce Safety & Ins. Fund, No. 20060145,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: A benefits claimant was able to return to work part-time after a work-related injury because a vocational rehabilitation plan under N.D. Cent. Code § 65-05.1-01(3) took into account a preexisting hearing loss; moreover, the establishment of a medical assessment team under N.D. Cent. Code § 65-05.1-02(6) was not required under the circumstances.
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| Glasser v. Glasser, No. 20060159,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: Order quashing order to show cause why ex-husband should not be held in contempt for failing to maintain life insurance coverage on ex-wife was final, appealable order under N.D. Cent. Code § 28-27-02(2). Ex-husband was required to maintain life insurance of at least $5,000 in accordance with clear and unambiguous language of divorce judgment.
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| Harshberger v. Harshberger, No. 20060039,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: Child custody decree was originally entered in Montana. North Dakota district court lacked jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act, N.D. Cent. Code ch. 14-14.1, because supreme court could not find that child or any party did not reside in Montana and Montana court had not declined jurisdiction.
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| Ibach v. Zacher, No. 20060129,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: Pursuant to N.D. R. Civ. P. 43(e), district court's refusal to allow oral testimony on father's motion to amend child custody was proper. Pursuant to N.D. Cent. Code § 14-05-22(2), father showed material change in circumstances to visitation given mother's move, father's illness and treatments, and their impact on the child's right to visitation.
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| Klein v. Larson, No. 20060062,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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Overview: Court erred by awarding custody to a mother, N.D. Cent. Code § 14-09-06.1, because the court continually downplayed the significant evidence that the mother's living arrangements had been exceedingly unstable, she had changed jobs frequently, she associated with drug users, and she had continual and ongoing criminal violations.
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| Silbernagel v. Silbernagel, No. 20060201,
SUPREME COURT OF NORTH DAKOTA, November 28, 2006, Filed
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