essential element claim (North Dakota) · Go Syfert
← North Dakota issues

essential element claim in North Dakota

75 North Dakota opinions name it 1 courts 1984–2025 11 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.

Followed or applied (21)

CaseFollowedCited
Pulkrabek v. Slettengreen
nd · 1996 · cited in 5 North Dakota opinions naming this issue, 1997–2010
2 sentences

2010Summary judgment is appropriate “ ‘against a party who fails to establish the existence of a factual dispute as to an essential element of his claim and on which he will bear the burden of proof at trial.’ ” Id. (quoting Pulkrabek v. Sletten, 557 N.W.2d 225, 226 (N.D.1996)).

2010Summary judgment is appropriate “‘against a party who fails to establish the existence of a factual dispute as to an essential element of his claim and on which he will bear the burden of proof at trial.’” Id. (quoting Pulkrabek v. Sletten , 557 N.W.2d 225, 226 (N.D. 1996)).

55
Soentgen v. Quain & Ramstad Clinic, P.C.green
nd · 1991 · cited in 5 North Dakota opinions naming this issue, 1994–1999
2 sentences

1999See Pulkrabek v. Sletten, 557 N.W.2d 225, 226 (N.D.1996) (quoting Soentgen v. Quain & Ramstad Clinic, P.C., 467 N.W.2d 73, 77 (N.D.1991)) (“The plain language of Rule 56 requires the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to establish the existence of a factual dispute as to an essential element of his claim and on which he will bear the burden of proof at trial.”).

1999Pulkrabek v. Sletten, 557 N.W.2d 225, 226 (N.D.1996); Soentgen v. Quain & Ramstad Clinic, P.C., 467 N.W.2d 73, 77 (N.D.1991). [¶ 17] Strom-Sell’s evidence in opposition to the motion failed to meet her burden of demonstrating genuine issues of material fact.

55
Peterson v. Zerrgreen
nd · 1991 · cited in 4 North Dakota opinions naming this issue, 2002–2003
2 sentences

2003Co., 2001 ND 125, ¶ 14 , 630 N.W.2d 46 (quoting Peterson v. Zerr, 477 N.W.2d 230, 234 (N.D.1991)). [¶ 6] Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.

2003Co., 2001 ND 125, ¶ 14 , 630 N.W.2d 46 (quoting Peterson v. Zerr, 477 N.W.2d 230, 234 (N.D.1991)). [¶ 9] Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.

44
Bjerk v. Andersongreen
nd · 2018 · cited in 3 North Dakota opinions naming this issue, 2018–2018
2 sentences

2018See Bjerk v. Anderson , 2018 ND 124 , ¶ 9, 911 N.W.2d 343 .

2018See Bjerk v. Anderson , 2018 ND 124 , ¶ 9, 911 N.W.2d 343 .

33
Eckmann v. Northwestern Federal Savings & Loan Ass'ngreen
nd · 1989 · cited in 3 North Dakota opinions naming this issue, 1994–1996
2 sentences

1996When no pertinent evidence on an essential element is presented to the trial court in resistance to the motion for summary judgment, it is presumed that no such evidence exists. [citations omitted] Soentgen v. Quain & Ramstad Clinic, P.C. , 467 N.W.2d 73, 77 (N.D. 1991) quoting Eckmann v. Northwestern Federal Savings & Loan Association , 436 N.W.2d 258, 260 (N.D. 1989).

1996When no pertinent evidence on an essential element is presented to the trial court in resistance to the motion for summary judgment, it is presumed that no such evidence exists, [citations omitted] Soentgen v. Quoin & Ramstad Clinic, P.C., 467 N.W.2d 73, 77 (N.D.1991) quoting Eckmann v. Northwestern Federal Savings & Loan Association, 436 N.W.2d 258, 260 (N.D.1989).

33
Trosen v. Trosengreen
nd · 2014 · cited in 2 North Dakota opinions naming this issue, 2024–2025
2 sentences

2025Trosen v. Trosen, 2014 ND 7, ¶¶ 10, 19 , 841 N.W.2d 687 (noting the existence of a valid contract is an essential element of a claim for interference with contractual relations).

2025Trosen v. Trosen, 2014 ND 7, ¶¶ 10, 19 , 841 N.W.2d 687 (noting the existence of a valid contract is an essential element of a claim for interference with contractual relations).

22
Kummer v. City of Fargogreen
nd · 1994 · cited in 2 North Dakota opinions naming this issue, 1994–2009
2 sentences

2009E.g., Halvorson v. Sentry Ins., 2008 ND 205, ¶ 5 , 757 N.W.2d 398 . “ ‘When no pertinent evidence on an essential element is presented to the trial court in resistance to the motion for summary judgment, it is presumed that no such evidence exists.’” Riemers v. City of Grand Forks, 2006 ND 224, ¶ 8 , 723 N.W.2d 518 (quoting Rummer v. City of Fargo, 516 N.W.2d 294, 297 (N.D.1994)); see also Halvorson, at ¶ 5; Investors Real Estate Trust Props., Inc. v. *461 Terra Pac.

1994We recently stated in Rummer v. City of Fargo, 516 N.W.2d 294, 297 (N.D. 1994) (citations omitted): “The plain language of Rule 56 requires the entry of summary judgment, upon motion and after adequate time for discovery, against a party who fails to establish the existence of a material factual dispute as to an essential element of his claim and on which he will bear the burden of proof at trial....

22
Riemers v. City of Grand Forksgreen
nd · 2006 · cited in 6 North Dakota opinions naming this issue, 2008–2018
2 sentences

2018"When no pertinent evidence on an essential element is presented to the trial court in resistance to the motion for summary judgment, it is presumed that no such evidence exists." Id. (quoting Riemers v. City of Grand Forks , 2006 ND 224 , ¶ 8, 723 N.W.2d 518 ).

2018"When no pertinent evidence on an essential element is presented to the trial court in resistance to the motion for summary judgment, it is presumed that no such evidence exists." Id. (quoting Riemers v. City of Grand Forks , 2006 ND 224 , ¶ 8, 723 N.W.2d 518 ).

16
Kimball v. Landeisgreen
nd · 2002 · cited in 3 North Dakota opinions naming this issue, 2003–2024
2 sentences

2024B [¶35] Ziemann argues the district court erred when it determined he did not present sufficient evidence to create a genuine issue of material fact as to whether he sustained damages as a result of Grosz’s alleged misconduct. 11 [¶36] “‘Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of his claim and on which he will bear the burden of proof at trial.’” Collette v. Clausen, 2003 ND 129, ¶ 14 , 667 N.W.2d 617 (quoting Kimball v. Landeis, 2002 ND 162, ¶ 5 , 652 N.W.2d 330 ).

2024B [¶35] Ziemann argues the district court erred when it determined he did not present sufficient evidence to create a genuine issue of material fact as to whether he sustained damages as a result of Grosz’s alleged misconduct. 11 [¶36] “‘Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of his claim and on which he will bear the burden of proof at trial.’” Collette v. Clausen, 2003 ND 129, ¶ 14 , 667 N.W.2d 617 (quoting Kimball v. Landeis, 2002 ND 162, ¶ 5 , 652 N.W.2d 330 ).

13
Harte-Hanks Communications, Inc. v. Connaughtongreen
scotus · 1989 · cited in 2 North Dakota opinions naming this issue, 2008–2008
2 sentences

2008Milkovich , 497 U.S. at 17 (quoting Harte-Hanks Communications, Inc. v. Connaughton , 491 U.S. 657, 685 (1989)). [¶20] “Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of their claim and on which they will bear the burden at trial.” Bertsch , 2002 ND 32, ¶ 9 , 639 N.W.2d 455 .

2008Milkovich, 497 U.S. at 17 , 110 S.Ct. 2695 (quoting Harte-Hanks Communications, Inc. v. Connaughton, 491 U.S. 657, 685 , 109 S.Ct. 2678 , 105 L.Ed.2d 562 (1989)). [¶ 20] “Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of their claim and on which they will bear the burden at trial.” Bertsch, 2002 ND 32, ¶ 9 , 639 N.W.2d 455 .

12
Ortega v. Sanford Bismarckgreen
nd · 2019 · cited in 1 North Dakota opinions naming this issue, 2020–2020
11
Perius v. Nodak Mutual Insurance Co.green
nd · 2010 · cited in 1 North Dakota opinions naming this issue, 2013–2013
11
Matter of Estate of Stantongreen
nd · 1991 · cited in 1 North Dakota opinions naming this issue, 2007–2007
11
Dahlberg v. LUTHERAN SOCIAL SERV. OF NDgreen
nd · 2001 · cited in 1 North Dakota opinions naming this issue, 2003–2003
11
Windsor Securities, Inc. v. Hartford Life Insurance Companygreen
ca3 · 1993 · cited in 1 North Dakota opinions naming this issue, 2003–2003
11
Price v. Sorrellgreen
wyo · 1989 · cited in 1 North Dakota opinions naming this issue, 2003–2003
11
Ellingson v. Knudsongreen
nd · 1993 · cited in 1 North Dakota opinions naming this issue, 2002–2002
11
Michael Lindsey v. Dayton-Hudson Corporation, D/B/A Target Stores, a Minnesota Corporationgreen
ca10 · 1979 · cited in 1 North Dakota opinions naming this issue, 1999–1999
11
Dobbins v. Huppgreen
moctapp · 1978 · cited in 1 North Dakota opinions naming this issue, 1997–1997
11
Haugland v. City of Bismarckgreen
nd · 1988 · cited in 1 North Dakota opinions naming this issue, 1995–1995
11
Ken by Shasky v. Rcgreen
nd · 1994 · cited in 1 North Dakota opinions naming this issue, 1995–1995
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (36)

CaseCitedYears
Barbie v. Minko Construction, Inc. green
nd · 2009
2 sentences

2020“As determined in Section II of this Order, Feltman has not established one of the elements of legal malpractice, i.e., that Feltman suffered damages when Gaustad breached a duty and ‘prematurely’ dismissed the federal lawsuit, because, as a matter of law, Feltman had six years within which to sue Chase for enforcement of the Settlement Agreement and dismissal did not foreclose that remedy. “‘Rule 56 requires the entry of summary judgment against a party who fails to establish the existence of a material factual dispute as to an essential element of the claim and on which the party will bear t

2020“As determined in Section II of this Order, Feltman has not established one of the elements of legal malpractice, i.e., that Feltman suffered damages when Gaustad breached a duty and ‘prematurely’ dismissed the federal lawsuit, because, as a matter of law, Feltman had six years within which to sue Chase for enforcement of the Settlement Agreement and dismissal did not foreclose that remedy. “‘Rule 56 requires the entry of summary judgment against a party who fails to establish the existence of a material factual dispute as to an essential element of the claim and on which the party will bear t

92013–2020
Zuger v. State green
nd · 2004
2 sentences

2024“Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of a claim.” Riemers v. Omdahl, 2004 ND 188, ¶ 4 , 687 N.W.2d 445 (quoting Zuger v. State, 2004 ND 16, ¶ 7 , 673 N.W.2d 615 ).

2024“Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of a claim.” Riemers v. Omdahl, 2004 ND 188, ¶ 4 , 687 N.W.2d 445 (quoting Zuger v. State, 2004 ND 16, ¶ 7 , 673 N.W.2d 615 ).

82004–2024
Riemers v. Omdahl green
nd · 2004
2 sentences

2024“Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of a claim.” Riemers v. Omdahl, 2004 ND 188, ¶ 4 , 687 N.W.2d 445 (quoting Zuger v. State, 2004 ND 16, ¶ 7 , 673 N.W.2d 615 ).

2024“Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of a claim.” Riemers v. Omdahl, 2004 ND 188, ¶ 4 , 687 N.W.2d 445 (quoting Zuger v. State, 2004 ND 16, ¶ 7 , 673 N.W.2d 615 ).

62022–2024
Black v. Abex Corp. green
nd · 1999
2 sentences

2010Black, 1999 ND 236, ¶ 23 , 603 N.W.2d 182 (“Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.”). [¶ 16] Quality Bank’s overdraft fee schedule provides for two types of overdraft fees and charges.

2010Black, 1999 ND 236, ¶ 23 , 603 N.W.2d 182 (“Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.”). [¶ 16] Quality Bank’s overdraft fee schedule provides for two types of overdraft fees and charges.

52002–2010
Heart River Partners v. Goetzfried green
nd · 2005
2 sentences

2007Dist., 2006 ND 58, ¶ 7 , 711 N.W.2d 172 . [¶ 5] “Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of a claim on which they will bear the burden of proof at trial.” Heart River Partners v. Goetzfried, 2005 ND 149, ¶ 8 , 703 N.W.2d 330 .

2007Dist., 2006 ND 58, ¶ 7 , 711 N.W.2d 172 . [¶ 5] “Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of a claim on which they will bear the burden of proof at trial.” Heart River Partners v. Goetzfried, 2005 ND 149, ¶ 8 , 703 N.W.2d 330 .

52006–2009
Strom-Sell v. Council for Concerned Citizens, Inc. green
nd · 1999
2 sentences

2001Joseph’s Hosp. , 1999 ND 204, ¶ 9 , 601 N.W.2d 587 , and Strom-Sell v. Council for Concerned Citizens, Inc. , 1999 ND 132, ¶ 16 , 597 N.W.2d 414 . [¶15] Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.

2001Joseph’s Hosp. , 1999 ND 204, ¶ 9 , 601 N.W.2d 587 , and Strom-Sell v. Council for Concerned Citizens, Inc. , 1999 ND 132, ¶ 16 , 597 N.W.2d 414 . [¶15] Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.

42001–2010
Anderson v. Meyer Broadcasting Co. green
nd · 2001
2 sentences

2003Co., 2001 ND 125, ¶ 14 , 630 N.W.2d 46 (quoting Peterson v. Zerr, 477 N.W.2d 230, 234 (N.D.1991)). [¶ 6] Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.

2003Co., 2001 ND 125, ¶ 14 , 630 N.W.2d 46 (quoting Peterson v. Zerr, 477 N.W.2d 230, 234 (N.D.1991)). [¶ 6] Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.

42002–2003
Johnson v. Bronson green
nd · 2013
2 sentences

2020In determining whether summary judgment was appropriately granted, we must view the evidence in the light most favorable to the party opposing the motion, and that party will be given the benefit of all favorable inferences which can reasonably be drawn from the record.” Ortega, 2019 ND 133, ¶ 9 (quoting Johnson v. Bronson, 2013 ND 78, ¶ 9 , 830 N.W.2d 595 ). 3 [¶12] Under N.D.R.Civ.P. 56, summary judgment is proper when a party bearing the burden of proof at trial fails to establish the existence of a material factual dispute on an essential element of the claim.

2019Johnson v. Bronson , 2013 ND 78 , ¶ 9, 830 N.W.2d 595 (citation omitted). [¶10] Under N.D.R.Civ.P. 56, summary judgment is appropriate when a party, who bears the burden of proof at trial, fails to establish the existence of a material factual dispute on an essential element of the claim.

32013–2020
Riverside Park Condominiums Unit Owners Ass'n v. Lucas green
nd · 2005
2 sentences

2018Unit Owners Ass'n v. Lucas , 2005 ND 26 , ¶ 8, 691 N.W.2d 862 (quoting Zuger v. State , 2004 ND 16 , ¶ 7, 673 N.W.2d 615 ). [¶ 8] In deciding whether to grant summary judgment, the district court may consider the pleadings, depositions, admissions, affidavits, interrogatories, and inferences to be drawn from the evidence.

2018Unit Owners Ass'n v. Lucas , 2005 ND 26 , ¶ 8, 691 N.W.2d 862 (quoting Zuger v. State , 2004 ND 16 , ¶ 7, 673 N.W.2d 615 ). [¶ 8] In deciding whether to grant summary judgment, the district court may consider the pleadings, depositions, admissions, affidavits, interrogatories, and inferences to be drawn from the evidence.

32013–2018
Halvorson v. Sentry Insurance green
nd · 2008
2 sentences

2010Summary judgment is appropriate “ ‘against a party who fails to establish the existence of a factual dispute as to an essential element of his claim and on which he will bear the burden of proof at trial.’ ” Id. (quoting Pulkrabek v. Sletten, 557 N.W.2d 225, 226 (N.D.1996)).

2010Summary judgment is appropriate “‘against a party who fails to establish the existence of a factual dispute as to an essential element of his claim and on which he will bear the burden of proof at trial.’” Id. (quoting Pulkrabek v. Sletten , 557 N.W.2d 225, 226 (N.D. 1996)).

32009–2010
Hopfauf v. Hieb green
nd · 2006
2 sentences

2009Hopfauf v. Hieb, 2006 ND 72, ¶ 6 , 712 N.W.2d 333 (quoting Heart River Partners v. Goetzfried, 2005 ND 149, ¶ 8 , 703 N.W.2d 330 ).

2009Hopfauf v. Hieb, 2006 ND 72, ¶ 6 , 712 N.W.2d 333 (quoting Heart River Partners v. Goetzfried, 2005 ND 149, ¶ 8 , 703 N.W.2d 330 ).

32006–2009
Collette v. Clausen green
nd · 2003
2 sentences

2024B [¶35] Ziemann argues the district court erred when it determined he did not present sufficient evidence to create a genuine issue of material fact as to whether he sustained damages as a result of Grosz’s alleged misconduct. 11 [¶36] “‘Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of his claim and on which he will bear the burden of proof at trial.’” Collette v. Clausen, 2003 ND 129, ¶ 14 , 667 N.W.2d 617 (quoting Kimball v. Landeis, 2002 ND 162, ¶ 5 , 652 N.W.2d 330 ).

2024B [¶35] Ziemann argues the district court erred when it determined he did not present sufficient evidence to create a genuine issue of material fact as to whether he sustained damages as a result of Grosz’s alleged misconduct. 11 [¶36] “‘Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of his claim and on which he will bear the burden of proof at trial.’” Collette v. Clausen, 2003 ND 129, ¶ 14 , 667 N.W.2d 617 (quoting Kimball v. Landeis, 2002 ND 162, ¶ 5 , 652 N.W.2d 330 ).

22024–2024
Johnson v. Bronson green
nd · 2013
2 sentences

2020In determining whether summary judgment was appropriately granted, we must view the evidence in the light most favorable to the party opposing the motion, and that party will be given the benefit of all favorable inferences which can reasonably be drawn from the record.” Ortega, 2019 ND 133, ¶ 9 (quoting Johnson v. Bronson, 2013 ND 78, ¶ 9 , 830 N.W.2d 595 ). 3 [¶12] Under N.D.R.Civ.P. 56, summary judgment is proper when a party bearing the burden of proof at trial fails to establish the existence of a material factual dispute on an essential element of the claim.

2019Johnson v. Bronson , 2013 ND 78 , ¶ 9, 830 N.W.2d 595 (citation omitted). [¶10] Under N.D.R.Civ.P. 56, summary judgment is appropriate when a party, who bears the burden of proof at trial, fails to establish the existence of a material factual dispute on an essential element of the claim.

22019–2020
University Hotel Development, LLC v. Dusterhoft Oil, Inc. green
nd · 2006
2 sentences

2013As in University Hotel Dev., LLC , we decline to address whether a third party may enforce a promise under the promissory estoppel doctrine because an essential element of the claim is missing. 2006 ND 121, ¶ 18 , 715 N.W.2d 153 .

2013As in University Hotel Dev., LLC , we decline to address whether a third party may enforce a promise under the promissory estoppel doctrine because an essential element of the claim is missing. 2006 ND 121, ¶ 18 , 715 N.W.2d 153 .

22013–2013
Investors Real Estate Trust Properties, Inc. v. Terra Pacific Midwest, Inc. green
nd · 2004
2 sentences

2009Miller v. Diamond Resources, Inc., 2005 ND 150, ¶ 10 , 703 N.W.2d 316 ; Investors Real Estate Trust, 2004 ND 167, ¶ 7 , 686 N.W.2d 140 .

2009Miller v. Diamond Resources, Inc., 2005 ND 150, ¶ 10 , 703 N.W.2d 316 ; Investors Real Estate Trust, 2004 ND 167, ¶ 7 , 686 N.W.2d 140 .

22004–2009
Milkovich v. Lorain Journal Co. green
scotus · 1990
2 sentences

2008Milkovich , 497 U.S. at 17 (quoting Harte-Hanks Communications, Inc. v. Connaughton , 491 U.S. 657, 685 (1989)). [¶20] “Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of their claim and on which they will bear the burden at trial.” Bertsch , 2002 ND 32, ¶ 9 , 639 N.W.2d 455 .

2008Milkovich, 497 U.S. at 17 , 110 S.Ct. 2695 (quoting Harte-Hanks Communications, Inc. v. Connaughton, 491 U.S. 657, 685 , 109 S.Ct. 2678 , 105 L.Ed.2d 562 (1989)). [¶ 20] “Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of their claim and on which they will bear the burden at trial.” Bertsch, 2002 ND 32, ¶ 9 , 639 N.W.2d 455 .

22008–2008
Bertsch v. Duemeland green
nd · 2002
2 sentences

2008Milkovich , 497 U.S. at 17 (quoting Harte-Hanks Communications, Inc. v. Connaughton , 491 U.S. 657, 685 (1989)). [¶20] “Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of their claim and on which they will bear the burden at trial.” Bertsch , 2002 ND 32, ¶ 9 , 639 N.W.2d 455 .

2008Milkovich , 497 U.S. at 17 (quoting Harte-Hanks Communications, Inc. v. Connaughton , 491 U.S. 657, 685 (1989)). [¶20] “Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of their claim and on which they will bear the burden at trial.” Bertsch , 2002 ND 32, ¶ 9 , 639 N.W.2d 455 .

22008–2008
Koehler v. County of Grand Forks green
nd · 2003
2 sentences

2004Koehler v. County of Grand Forks, 2003 ND 44, ¶ 9 , 658 N.W.2d 741 .

2004Koehler v. County of Grand Forks, 2003 ND 44, ¶ 9 , 658 N.W.2d 741 .

22004–2004
Dalan v. Paracelsus Healthcare Corp. of North Dakota green
nd · 2002
2 sentences

2003Balan v. Paracelsus Healthcare Corp., 2002 ND 46, ¶ 7 , 640 N.W.2d 726 .

2003Balan v. Paracelsus Healthcare Corp., 2002 ND 46, ¶ 7 , 640 N.W.2d 726 .

22002–2003
Hilton v. North Dakota Education Ass'n green
nd · 2002
2 sentences

2003Hilton, 2002 ND 209, ¶23 , 655 N.W.2d 60 .

2003Hilton, 2002 ND 209, ¶23 , 655 N.W.2d 60 .

22003–2003
Barnes v. St. Joseph's Hospital green
nd · 1999
22001–2001
Ziemann v. Grosz neutral
nd · 2024
12025–2025
Miller v. Diamond Resources, Inc. green
nd · 2005
12009–2009
In Re Estate of Richmond green
nd · 2005
12008–2008
Grandbois and Grandbois, Inc. v. City of Watford City green
nd · 2004
12007–2007
Beckler v. Bismarck Public School District green
nd · 2006
12007–2007
Riemers v. Peters-Riemers green
nd · 2004
12005–2005
Grinnell Mutual Reinsurance Co. v. Lynne green
nd · 2004
12005–2005
TIBERT v. Slominski green
nd · 2005
12005–2005
Fish v. Dockter green
nd · 2003
12004–2004
Rogstad v. Dakota Gasification Co. green
nd · 2001
12002–2002
North Shore, Inc. v. Wakefield green
nd · 1995
11996–1996
Williams County Social Services Board v. Falcon green
nd · 1985
11995–1995
Union State Bank v. Woell green
nd · 1989
11989–1989
Production Credit Ass'n of Fargo v. Foss green
nd · 1986
11989–1989
Wilson v. General Motors Corp. green
nd · 1981
11984–1984

Statutes the citing opinions construe

ND § N.D. Cent. Code § 27-05-06 (9) ND § N.D. Cent. Code § 28-27-01 (9) ND § N.D. Cent. Code § 14-02-02 (4) ND § N.D. Cent. Code § 14-02-03 (4) ND § N.D. Cent. Code § 14-02-04 (4) ND § N.D. Cent. Code § 26.1-41-01 (4) ND § N.D. Cent. Code § 28-26-06 (4) ND § N.D. Cent. Code § 28-26-10 (4) ND § N.D. Cent. Code § 34-03-01 (4) ND § N.D. Cent. Code § 26.1-41-06 (3) ND § N.D. Cent. Code § 26.1-41-08 (3) ND § N.D. Cent. Code § 30.1-04-03 (3)

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.

Where else courts name it

NC 401 (1977–2026) TN 391 (1966–2026) CA 177 (1922–2026) TX 168 (1920–2026) IN 124 (1897–2024) MA 97 (1984–2026) MS 93 (1963–2026) OH 90 (1872–2026) ND 75 (1984–2025) WA 68 (1931–2026) NY 68 (1952–2025) GA 60 (1924–2025) IL 54 (1883–2026) AR 51 (1953–2025) LA 50 (1967–2022) WY 47 (1975–2026) MO 41 (1909–2024) MI 41 (1976–2026) AZ 40 (1966–2025) FL 38 (1951–2022) AL 32 (1978–2018) CT 28 (1972–2022) WI 28 (1951–2025) ID 26 (1965–2026) ME 23 (1982–2025) MN 22 (1924–2014) IA 22 (1915–2024) PA 20 (1900–2022) NM 17 (1967–2026) SC 17 (1924–2026) DE 17 (1941–2026) UT 16 (1994–2026) NJ 15 (1984–2023) MT 11 (2000–2026) KY 9 (1929–2024) OK 9 (1937–2009) SD 9 (1946–2016) RI 9 (1984–2026) NV 9 (1986–2022) MD 8 (1966–2024) NE 8 (1942–2023) KS 8 (1994–2026) HI 8 (1984–2018) OR 8 (1922–2010) WV 7 (1982–2025) CO 7 (1981–2025) VT 6 (2010–2025) DC 6 (1964–2021) VA 5 (1989–2023) NH 4 (1996–1999) VI 3 (2013–2023) AK 3 (1989–1998)

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.

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