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15 North Dakota opinions name it 1 courts 1994–2018 0 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Darby v. SWENSON, INC.green2 sentences2018See Darby , 2009 ND 103 , ¶¶ 12-13, 767 N.W.2d 147 . 2018See Darby , 2009 ND 103 , ¶¶ 12-13, 767 N.W.2d 147 . | 1 | 1 |
Hovden v. Lindgreen1 sentence2012III [¶9] The Georges argue the district court erred in granting summary judgment to quiet title in Veeder’s favor on the basis of evidence presented and the court erred in denying amendment of their complaint to allow consideration of reformation of the deed. [¶10] In Hovden v. Lind , 301 N.W.2d 374, 378 (N.D. 1981), this Court held the term “minerals,” used in reservation language in a land sale contract, excludes gravel, clay, and scoria. | 1 | 1 |
Cockrell v. Sparksgreen1 sentence2009Cockrell v. Sparks, 510 F.3d 1307, 1310 (11th Cir.2007); Watson ex rel. | 1 | 1 |
Olson v. City of West Fargogreen1 sentence2007Olson , at 824-27, relied extensively on the United States Supreme Court’s decision in California v. LaRue, 409 U.S. 109, 118-19 , 93 S.Ct. 390 , 34 L.Ed.2d 342 (1972), which held that the conclusion embodied in a statute prohibiting nude dancing where liquor was sold “was not an irrational one,” and “[g]iven the added presumption in favor of the validity of the *135 state regulation in this area that the Twenty-first Amendment requires,” the challenged regulations passed constitutional muster. | 1 | 1 |
Hagel v. Hagelgreen1 sentence1997As we explained in Hagel v. Hagel, 512 N.W.2d 465, 467 (N.D.1994) (quoting Orke v. Olson, 411 N.W.2d 97, 100 (N.D.1987)), the added requirement of showing a change of custody is “compelled” or “required” “gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents ‘as the scales settle slightly toward first one parent and then the other.’ ” [¶ 18] We have described the burden facing a noncustodial parent seeking a change of custody as “ ‘a daunting, arduous task.’ ” Alvarez, 524 N.W.2d at 590 (quoting Johnson, 502 | 1 | 1 |
Johnson v. Schlotmangreen1 sentence1997As we explained in Hagel v. Hagel, 512 N.W.2d 465, 467 (N.D.1994) (quoting Orke v. Olson, 411 N.W.2d 97, 100 (N.D.1987)), the added requirement of showing a change of custody is “compelled” or “required” “gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents ‘as the scales settle slightly toward first one parent and then the other.’ ” [¶ 18] We have described the burden facing a noncustodial parent seeking a change of custody as “ ‘a daunting, arduous task.’ ” Alvarez, 524 N.W.2d at 590 (quoting Johnson, 502 | 1 | 1 |
Blotske v. Leidholmgreen1 sentence1997The heavy burden has a “deterrent effect on continuous litigation of custody which, left unchecked, generates cruel emotional and economic strain on all participants to the ultimate detriment of a child’s best interests.” Blotske v. Leidholm, 487 N.W.2d 607, 609 (N.D.1992). | 1 | 1 |
Orke v. Olsongreen1 sentence1997As we explained in Hagel v. Hagel, 512 N.W.2d 465, 467 (N.D.1994) (quoting Orke v. Olson, 411 N.W.2d 97, 100 (N.D.1987)), the added requirement of showing a change of custody is “compelled” or “required” “gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents ‘as the scales settle slightly toward first one parent and then the other.’ ” [¶ 18] We have described the burden facing a noncustodial parent seeking a change of custody as “ ‘a daunting, arduous task.’ ” Alvarez, 524 N.W.2d at 590 (quoting Johnson, 502 | 1 | 1 |
State v. Kreigergreen2 sentences1994While the trial court gave an added instruction defining “recklessly,” State v. Kreiger, 138 N.W.2d 597, 600 (N.D.1965), clarifies that “a driver need not be proved guilty under both subsections.” Yet, I see small difference between the reckless conduct element in subsection 1, “disregard of the ... safety of others,” and the recklessness in subsection 2, “at a speed or in a manner ... likely to endanger any person.” I believe the endangerment element defines a degree of culpability significantly greater than the ordinary negligence element, “without due caution.” After all, a basic rule of st 1994While the trial court gave an added instruction defining "recklessly," State v. Kreiger, 138 N.W.2d 597, 600 (N.D.1965), clarifies that "a driver need not be proved guilty under both subsections." Yet, I see small difference between the reckless conduct element in subsection 1, "disregard of the ... safety of others," and the recklessness in subsection 2, "at a speed or in a manner ... likely to endanger any person." I believe the endangerment element defines a degree of culpability significantly greater than the ordinary negligence element, "without due caution." After all, a basic rule of st | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Hovland
green
2 sentences2012Courts have said that “an amendment is futile for purposes of determining whether leave to amend should be granted, if the added claim would not survive a motion for summary judgment.” Id. (quotations omitted). 2012Courts have said that “an amendment is futile for purposes of determining whether leave to amend should be granted, if the added claim would not survive a motion for summary judgment.” Id. (quotations omitted). | 4 | 2011–2012 |
Benz Farm, LLP v. Cavendish Farms, Inc.
green
2 sentences2018Benz Farm, LLP v. Cavendish Farms, Inc., 2011 ND 184, ¶ 26 , 803 N.W.2d 818 . [¶18] The district court denied Bakke’s request to amend the complaint after determining the amendment would be futile. 2018Benz Farm, LLP v. Cavendish Farms, Inc. , 2011 ND 184 , ¶ 26, 803 N.W.2d 818 . [¶ 18] The district court denied Bakke's request to amend the complaint after determining the amendment would be futile. | 3 | 2018–2018 |
Benz Farm, LLP v. Cavendish Farms, Inc.
green
2 sentences2018Benz Farm, LLP v. Cavendish Farms, Inc., 2011 ND 184, ¶ 26 , 803 N.W.2d 818 . [¶18] The district court denied Bakke’s request to amend the complaint after determining the amendment would be futile. 2018Benz Farm, LLP v. Cavendish Farms, Inc. , 2011 ND 184 , ¶ 26, 803 N.W.2d 818 . [¶ 18] The district court denied Bakke's request to amend the complaint after determining the amendment would be futile. | 3 | 2018–2018 |
Lovin v. Lovin
green
2 sentences2012Myers v. Myers, 1999 ND 194, ¶ 10 , 601 N.W.2d 264 (citations and quotations omitted). “ ‘The added requirement of showing a change of primary residential responsibility is compelled or required gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents as the scales settle slightly toward first one parent and then the other.’ ” Neustel, at ¶ 12 (quoting Lovin v. Lovin, 1997 ND 55, ¶ 17 , 561 N.W.2d 612 ). [¶ 26] The district court considered and made findings about each of the best interest factors, finding that 2012Myers v. Myers, 1999 ND 194, ¶ 10 , 601 N.W.2d 264 (citations and quotations omitted). “ ‘The added requirement of showing a change of primary residential responsibility is compelled or required gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents as the scales settle slightly toward first one parent and then the other.’ ” Neustel, at ¶ 12 (quoting Lovin v. Lovin, 1997 ND 55, ¶ 17 , 561 N.W.2d 612 ). [¶ 26] The district court considered and made findings about each of the best interest factors, finding that | 2 | 2012–2012 |
Myers v. Myers
green
2 sentences2012Myers v. Myers, 1999 ND 194, ¶ 10 , 601 N.W.2d 264 (citations and quotations omitted). “ ‘The added requirement of showing a change of primary residential responsibility is compelled or required gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents as the scales settle slightly toward first one parent and then the other.’ ” Neustel, at ¶ 12 (quoting Lovin v. Lovin, 1997 ND 55, ¶ 17 , 561 N.W.2d 612 ). [¶ 26] The district court considered and made findings about each of the best interest factors, finding that 2012Myers v. Myers, 1999 ND 194, ¶ 10 , 601 N.W.2d 264 (citations and quotations omitted). “ ‘The added requirement of showing a change of primary residential responsibility is compelled or required gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents as the scales settle slightly toward first one parent and then the other.’ ” Neustel, at ¶ 12 (quoting Lovin v. Lovin, 1997 ND 55, ¶ 17 , 561 N.W.2d 612 ). [¶ 26] The district court considered and made findings about each of the best interest factors, finding that | 2 | 2012–2012 |
Johnson v. Hovland
green
2 sentences2011Johnson, 2011 ND 64, ¶ 9 , 795 N.W.2d 294 . [¶ 27] The district court provided a thorough analysis of its reasoning for denying the motion to amend the complaint, explaining that the motion was untimely, the amendment at such a late date would have been unfairly prejudicial to Cavendish, the proposed new claims were not supported by substantial evidence, and the amendments would have been futile. 2011Johnson , 2011 ND 64, ¶ 9 , 795 N.W.2d 294 . [¶27] The district court provided a thorough analysis of its reasoning for denying the motion to amend the complaint, explaining that the motion was untimely, the amendment at such a late date would have been unfairly prejudicial to Cavendish, the proposed new claims were not supported by substantial evidence, and the amendments would have been futile. | 2 | 2011–2011 |
State v. Neustel
green
1 sentence2014“The added requirement of showing a change of primary residential responsibility is ‘compelled’ or ‘required’ gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents as the scales settle slightly toward first one parent and then the other.” Gussiaas v. Neustel, 2010 ND 216, ¶ 12 , 790 N.W.2d 476 (quotation marks omitted) (citation omitted). | 1 | 2014–2014 |
Gussiaas v. Neustel
green
1 sentence2014“The added requirement of showing a change of primary residential responsibility is ‘compelled’ or ‘required’ gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents as the scales settle slightly toward first one parent and then the other.” Gussiaas v. Neustel, 2010 ND 216, ¶ 12 , 790 N.W.2d 476 (quotation marks omitted) (citation omitted). | 1 | 2014–2014 |
44 Liquormart, Inc. v. Rhode Island
green
2 sentences2007However, in 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484, 515-16 , 116 S.Ct. 1495 , 134 L.Ed.2d 711 (1996), the Supreme Court disavowed LaRue’s reliance on the Twenty-first Amendment, but otherwise upheld the precedential value of the case because “the Court’s analysis in LaRue would have led to precisely the same result if it had placed no reliance on the Twenty-first Amendment.” Since then, courts have “struggled in deciding whether adult entertainment liquor regulations should fall under the analytical framework of zoning regulations or public indecency regulations” and have devised va 2007However, in 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484, 515-16 , 116 S.Ct. 1495 , 134 L.Ed.2d 711 (1996), the Supreme Court disavowed LaRue’s reliance on the Twenty-first Amendment, but otherwise upheld the precedential value of the case because “the Court’s analysis in LaRue would have led to precisely the same result if it had placed no reliance on the Twenty-first Amendment.” Since then, courts have “struggled in deciding whether adult entertainment liquor regulations should fall under the analytical framework of zoning regulations or public indecency regulations” and have devised va | 1 | 2007–2007 |
California v. LaRue
green
2 sentences2007Olson , at 824-27, relied extensively on the United States Supreme Court’s decision in California v. LaRue, 409 U.S. 109, 118-19 , 93 S.Ct. 390 , 34 L.Ed.2d 342 (1972), which held that the conclusion embodied in a statute prohibiting nude dancing where liquor was sold “was not an irrational one,” and “[g]iven the added presumption in favor of the validity of the *135 state regulation in this area that the Twenty-first Amendment requires,” the challenged regulations passed constitutional muster. 2007Olson , at 824-27, relied extensively on the United States Supreme Court’s decision in California v. LaRue, 409 U.S. 109, 118-19 , 93 S.Ct. 390 , 34 L.Ed.2d 342 (1972), which held that the conclusion embodied in a statute prohibiting nude dancing where liquor was sold “was not an irrational one,” and “[g]iven the added presumption in favor of the validity of the *135 state regulation in this area that the Twenty-first Amendment requires,” the challenged regulations passed constitutional muster. | 1 | 2007–2007 |
Alvarez v. Carlson
green
1 sentence1997As we explained in Hagel v. Hagel, 512 N.W.2d 465, 467 (N.D.1994) (quoting Orke v. Olson, 411 N.W.2d 97, 100 (N.D.1987)), the added requirement of showing a change of custody is “compelled” or “required” “gives some finality to a trial court’s original custody decision and helps ensure that a child is not bounced back and forth between parents ‘as the scales settle slightly toward first one parent and then the other.’ ” [¶ 18] We have described the burden facing a noncustodial parent seeking a change of custody as “ ‘a daunting, arduous task.’ ” Alvarez, 524 N.W.2d at 590 (quoting Johnson, 502 | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.