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14 North Dakota opinions name it 1 courts 1978–2022 1 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 |
|---|---|---|
Cort v. Ashgreen2 sentences2012In Ernst v. Burdick, 2004 ND 181, ¶ 11 , 687 N.W.2d 473 , this Court explained: To determine whether to imply a private right of action under a state statute, we employ the first three factors enunciated by the United States Supreme Court in Cort v. Ash, 422 U.S. 66, 78 [ 95 S.Ct. 2080 , 45 L.Ed.2d 26 ] (1975) for deciding whether a private right of action should be implied under a federal statute. 2012In Ernst v. Burdick, 2004 ND 181, ¶ 11 , 687 N.W.2d 473 , this Court explained: To determine whether to imply a private right of action under a state statute, we employ the first three factors enunciated by the United States Supreme Court in Cort v. Ash, 422 U.S. 66, 78 [ 95 S.Ct. 2080 , 45 L.Ed.2d 26 ] (1975) for deciding whether a private right of action should be implied under a federal statute. | 2 | 3 |
United States v. Rufaigreen1 sentence2022See United States v. Rufai, 732 F.3d 1175, 1189, 1195 (10th Cir. 2013) (reversing conviction for insufficient evidence under plain error review where defendant made different Rule 29 argument at trial and explaining “conviction in the absence of sufficient evidence of guilt . . . almost always meets the first three factors of plain error review” and “only in a rare case” will the fourth factor concerning fairness, integrity, or public reputation of judicial proceedings not be met). | 1 | 1 |
United States v. Leonard David Griffingreen1 sentence2015Conversely, the remaining three factors may be characterized as coercive factors, which is to say that the affirmative presence of one or more of these factors during questioning would tend to aggravate the existence of custody.” Griffin , at 1349. [¶ 19] The district court, reviewing each factor, found, “When everything is taken into consideration this is not a custodial situation. | 1 | 1 |
United States v. Bergfeldgreen1 sentence2006One lesson from Doggett is that the longer the delay, the greater the presumption of prejudice.’ ” (quoting United States v. Bergfeld, 280 F.3d 486, 488 (5th Cir. 2002))). | 1 | 1 |
United States v. Juan Alberto Cardona, Also Known as Juanchogreen2 sentences2006See Cardona, 302 F.3d at 497 (“ ‘Depending on how heavily the first three factors weigh for or against the defendant, prejudice is presumed in some cases, relieving the defendant of any burden to show actual prejudice. 2006Id. at 498-99 . | 1 | 1 |
Vance M. Thompson. Jr. William Hadley Thompson W. Dane Clay W. Dane Clay, Trustee and R. Mike Butner v. Ecological Science Corporationgreen2 sentences1978See, e. g., Gardner Engineering Co. v. Page Engineering Co., 484 F.2d 27, 31 (8th Cir. 1973); Thompson v. Ecological Science Corp., 421 F.2d 467, 469 (8th Cir. 1970).” After considering the constitutional principle of law announced in the foregoing cases, 2 we conclude that unless the contacts in the forum state are of such scope, nature and sufficiency as to give the forum state general jurisdiction, the nonresident party must have made minimal contacts in the forum state which are directly related to and connected with the cause of action involved to permit the forum state to acquire persona 1978See, e. g., Gardner Engineering Co. v. Page Engineering Co., 484 F.2d 27, 31 (8th Cir. 1973); Thompson v. Ecological Science Corp., 421 F.2d 467, 469 (8th Cir. 1970)." After considering the constitutional principle of law announced in the foregoing cases, [2] we conclude that unless the contacts *89 in the forum state are of such scope, nature and sufficiency as to give the forum state general jurisdiction, the nonresident party must have made minimal contacts in the forum state which are directly related to and connected with the cause of action involved to permit the forum state to acquire p | 1 | 1 |
Gardner Engineering Corporation v. Page Engineering Companygreen2 sentences1978See, e. g., Gardner Engineering Co. v. Page Engineering Co., 484 F.2d 27, 31 (8th Cir. 1973); Thompson v. Ecological Science Corp., 421 F.2d 467, 469 (8th Cir. 1970).” After considering the constitutional principle of law announced in the foregoing cases, 2 we conclude that unless the contacts in the forum state are of such scope, nature and sufficiency as to give the forum state general jurisdiction, the nonresident party must have made minimal contacts in the forum state which are directly related to and connected with the cause of action involved to permit the forum state to acquire persona 1978See, e. g., Gardner Engineering Co. v. Page Engineering Co., 484 F.2d 27, 31 (8th Cir. 1973); Thompson v. Ecological Science Corp., 421 F.2d 467, 469 (8th Cir. 1970)." After considering the constitutional principle of law announced in the foregoing cases, [2] we conclude that unless the contacts *89 in the forum state are of such scope, nature and sufficiency as to give the forum state general jurisdiction, the nonresident party must have made minimal contacts in the forum state which are directly related to and connected with the cause of action involved to permit the forum state to acquire p | 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 |
|---|---|---|
Trade 'N Post, L.L.C. v. World Duty Free Americas, Inc.
green
2 sentences2012Trade ‘N Post, 2001 ND 116, ¶ 13 , 628 N.W.2d 707 . 2012Trade ‘N Post, 2001 ND 116, ¶ 13 , 628 N.W.2d 707 . | 3 | 2004–2012 |
Stout v. Stout
green
2 sentences2002The first three factors were enunciated in Stout v. Stout, 1997 ND 61, ¶ 34 , 560 N.W.2d 903 . 2002The first three factors were enunciated in Stout v. Stout, 1997 ND 61, ¶ 34 , 560 N.W.2d 903 . | 3 | 2000–2002 |
Ernst v. Burdick
green
2 sentences2012In Ernst v. Burdick, 2004 ND 181, ¶ 11 , 687 N.W.2d 473 , this Court explained: To determine whether to imply a private right of action under a state statute, we employ the first three factors enunciated by the United States Supreme Court in Cort v. Ash, 422 U.S. 66, 78 [ 95 S.Ct. 2080 , 45 L.Ed.2d 26 ] (1975) for deciding whether a private right of action should be implied under a federal statute. 2012In Ernst v. Burdick, 2004 ND 181, ¶ 11 , 687 N.W.2d 473 , this Court explained: To determine whether to imply a private right of action under a state statute, we employ the first three factors enunciated by the United States Supreme Court in Cort v. Ash, 422 U.S. 66, 78 [ 95 S.Ct. 2080 , 45 L.Ed.2d 26 ] (1975) for deciding whether a private right of action should be implied under a federal statute. | 2 | 2012–2012 |
State v. G.L.D.
green
1 sentence2013II [¶ 8] Graham argues the district court erred in extending res judicata to the second element of the sexually dangerous individual analysis and N.D.C.C. § 25-03.3-18(4) requires the state to prove at every hearing a committed individual has a congenital or acquired condition that is manifested by a sexual disorder, personality disorder or other mental disorder or dysfunction. [¶ 9] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Interest of G.L.D., 2011 ND 52, ¶ 5 , 795 N.W.2d 346 . | 1 | 2013–2013 |
Interest of G.L.D.
green
1 sentence2013II [¶ 8] Graham argues the district court erred in extending res judicata to the second element of the sexually dangerous individual analysis and N.D.C.C. § 25-03.3-18(4) requires the state to prove at every hearing a committed individual has a congenital or acquired condition that is manifested by a sexual disorder, personality disorder or other mental disorder or dysfunction. [¶ 9] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Interest of G.L.D., 2011 ND 52, ¶ 5 , 795 N.W.2d 346 . | 1 | 2013–2013 |
Ensign v. Bank of Baker
green
1 sentence2004Id. [¶ 13] Bolinske argues Gaddis’s contacts are sufficient to establish personal jurisdiction because individuals from the firm contacted North Dakota roughly ninety-eight times by telephone and sent at least sixty-three letters of correspondence to North Dakota. | 1 | 2004–2004 |
Hawkinson v. Hawkinson
green
2 sentences2002The fourth factor, enunciated in Haw-kinson v. Hawkinson, 1999 ND 58, ¶ 9 , 591 N.W.2d 144 , is a reformulation of a fourth factor previously enunciated in Stout . 2002The fourth factor, enunciated in Haw-kinson v. Hawkinson, 1999 ND 58, ¶ 9 , 591 N.W.2d 144 , is a reformulation of a fourth factor previously enunciated in Stout . | 1 | 2002–2002 |
Touche Ross & Co. v. Redington
green
2 sentences2001The United States Supreme Court has recognized “the first three factors discussed in Cort — the language and focus of the statute, its legislative history, and its purpose — are ones traditionally relied upon in determining legislative intent.” Touche Ross & Co. v. Redington, 442 U.S. 560, 575-76 , 99 S.Ct. 2479 , 61 L.Ed.2d 82 (1979) (citation omitted). 2001The United States Supreme Court has recognized “the first three factors discussed in Cort — the language and focus of the statute, its legislative history, and its purpose — are ones traditionally relied upon in determining legislative intent.” Touche Ross & Co. v. Redington, 442 U.S. 560, 575-76 , 99 S.Ct. 2479 , 61 L.Ed.2d 82 (1979) (citation omitted). | 1 | 2001–2001 |
Ray v. Alad Corp.
green
2 sentences1984The second case relied upon by the appellants is Ray v. Alad Corporation, 19 Cal.3d 22 , 136 Cal.Rptr. 574 , 560 P.2d 3 (1977). 1984The second case relied upon by the appellants is Ray v. Alad Corporation, 19 Cal.3d 22 , 136 Cal.Rptr. 574 , 560 P.2d 3 (1977). | 1 | 1984–1984 |
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.