8 North Dakota opinions name it 1 courts 1985–2000 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 |
|---|---|---|
Federal Communications Commission v. National Citizens Committee for Broadcastinggreen2 sentences1997See F.C.C. v. National Citizens Com. for Broadcasting, 436 U.S. 775, 813-814 , 98 S.Ct. 2096, 2121 , 56 L.Ed.2d 697 (1978) (where “factual determinations” were primarily of a judgmental or predictive nature, “complete factual support in the record for the Commission’s judgment or prediction is not possible or required”); National Oilseed Processors Ass’n v. Browner, 924 F.Supp. 1193, 1206 (D.D.C.1996) (all essential postulates for an agency rule need not be contained in the record); City of Aurora (“When an administrative agency adopts a rule based on a policy judgment, particularly within the 1997See F.C.C. v. National Citizens Com. for Broadcasting, 436 U.S. 775, 813-814 , 98 S.Ct. 2096, 2121 , 56 L.Ed.2d 697 (1978) (where “factual determinations” were primarily of a judgmental or predictive nature, “complete factual support in the record for the Commission’s judgment or prediction is not possible or required”); National Oilseed Processors Ass’n v. Browner, 924 F.Supp. 1193, 1206 (D.D.C.1996) (all essential postulates for an agency rule need not be contained in the record); City of Aurora (“When an administrative agency adopts a rule based on a policy judgment, particularly within the | 1 | 1 |
Pladson v. Hjellegreen1 sentence1997Compare Pladson v. Hjelle, 368 N.W.2d 508, 511 (N.D.1985)(“The rights that *631 the licensee may assert in a criminal proceeding are not applicable in implied-consent hearings under Chapter 39-20, N.D.C.C.”). [¶ 12] A wrongfully detained person must establish the detention actually prejudiced the person’s right to a fair hearing. | 1 | 1 |
National Oilseed Processors Ass'n v. Brownergreen2 sentences1997See F.C.C. v. National Citizens Com. for Broadcasting, 436 U.S. 775, 813-814 , 98 S.Ct. 2096, 2121 , 56 L.Ed.2d 697 (1978) (where “factual determinations” were primarily of a judgmental or predictive nature, “complete factual support in the record for the Commission’s judgment or prediction is not possible or required”); National Oilseed Processors Ass’n v. Browner, 924 F.Supp. 1193, 1206 (D.D.C.1996) (all essential postulates for an agency rule need not be contained in the record); City of Aurora (“When an administrative agency adopts a rule based on a policy judgment, particularly within the 1997See F.C.C. v. National Citizens Com., for Broadcasting, 436 U.S. 775, 813-814 , 98 S.Ct. 2096, 2121 , 56 L.Ed.2d 697 (1978) (where "factual determinations" were primarily of a judgmental or predictive nature, "complete factual support in the record for the Commission's judgment or prediction is not possible or required"); National Oilseed Processors Ass'n v. Browner, 924 F.Supp. 1193, 1206 (D.D.C.1996) (all essential postulates for an agency rule need not be contained in the record); City of Aurora ("When an administrative agency adopts a rule based on a policy judgment, particularly within th | 1 | 1 |
United States v. Allegheny-Ludlum Steel Corp.green2 sentences1988He continued: “When the question of the scope of this exception finally reached the Supreme Court in United States v. Allegheny-Ludlum Steel Corp. [ 406 U.S. 742, 757 [ 92 S.Ct. 1941, 1950 , 32 L.Ed.2d 453 ] (1972)] and United States v. Florida East Coast Railway Co. [ 410 U.S. 224, 239 [ 93 S.Ct. 810, 818 , 35 L.Ed.2d 223 ] (1973)], not only was the exception given a narrow construction but the opinions (particularly the one in Florida East Coast) opened wide and unexpected vistas for the use of less than full trial-type hearing procedures in business and social regulation." Hearing, supra at 1988He continued: “When the question of the scope of this exception finally reached the Supreme Court in United States v. Allegheny-Ludlum Steel Corp. [ 406 U.S. 742, 757 [ 92 S.Ct. 1941, 1950 , 32 L.Ed.2d 453 ] (1972)] and United States v. Florida East Coast Railway Co. [ 410 U.S. 224, 239 [ 93 S.Ct. 810, 818 , 35 L.Ed.2d 223 ] (1973)], not only was the exception given a narrow construction but the opinions (particularly the one in Florida East Coast) opened wide and unexpected vistas for the use of less than full trial-type hearing procedures in business and social regulation." Hearing, supra at | 1 | 1 |
United States v. Florida East Coast Railway Co.green2 sentences1988He continued: “When the question of the scope of this exception finally reached the Supreme Court in United States v. Allegheny-Ludlum Steel Corp. [ 406 U.S. 742, 757 [ 92 S.Ct. 1941, 1950 , 32 L.Ed.2d 453 ] (1972)] and United States v. Florida East Coast Railway Co. [ 410 U.S. 224, 239 [ 93 S.Ct. 810, 818 , 35 L.Ed.2d 223 ] (1973)], not only was the exception given a narrow construction but the opinions (particularly the one in Florida East Coast) opened wide and unexpected vistas for the use of less than full trial-type hearing procedures in business and social regulation." Hearing, supra at 1988He continued: “When the question of the scope of this exception finally reached the Supreme Court in United States v. Allegheny-Ludlum Steel Corp. [ 406 U.S. 742, 757 [ 92 S.Ct. 1941, 1950 , 32 L.Ed.2d 453 ] (1972)] and United States v. Florida East Coast Railway Co. [ 410 U.S. 224, 239 [ 93 S.Ct. 810, 818 , 35 L.Ed.2d 223 ] (1973)], not only was the exception given a narrow construction but the opinions (particularly the one in Florida East Coast) opened wide and unexpected vistas for the use of less than full trial-type hearing procedures in business and social regulation." Hearing, supra at | 1 | 1 |
Nelson v. Ecklundgreen2 sentences1985See also Nelson v. Ecklund, 68 N.D. 724, 727 , 283 N.W. 273, 274 (1938) (certiorari is unavailable where there is a right of appeal). 1985See also Nelson v. Ecklund, 68 N.D. 724, 727 , 283 N.W. 273, 274 (1938) (certiorari is unavailable where there is a right of appeal). | 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 |
|---|---|---|
Northern Pacific Railroad v. Herbert
green
2 sentences1997Co. , 3 Dak. 38 , 13 N.W. 349 (1882), aff’d , 116 U.S. 642 , 6 S.Ct. 590 , 29 L.Ed. 755 (1886). [¶14] In Herbert , a railroad brakeman, injured when defective brakes on a car failed, sued the employer. 1997Co. , 3 Dak. 38 , 13 N.W. 349 (1882), aff’d , 116 U.S. 642 , 6 S.Ct. 590 , 29 L.Ed. 755 (1886). [¶14] In Herbert , a railroad brakeman, injured when defective brakes on a car failed, sued the employer. | 2 | 1997–1997 |
Herbert v. Northern Pacific R. R.
green
2 sentences1997Co., 3 Dak. 38 , 13 N.W. 349 (1882), aff'd, 116 U.S. 642 , 6 S.Ct. 590 , 29 L.Ed. 755 (1886). [¶ 14] In Herbert, a railroad brakeman, injured when defective brakes on a car failed, sued the employer. 1997Co. , 3 Dak. 38 , 13 N.W. 349 (1882), aff’d , 116 U.S. 642 , 6 S.Ct. 590 , 29 L.Ed. 755 (1886). [¶14] In Herbert , a railroad brakeman, injured when defective brakes on a car failed, sued the employer. | 2 | 1997–1997 |
Schan v. Howard Sober, Inc.
green
2 sentences1997Gowin asserts it is therefore possible the jury would have answered the causation question differently had the agency instruction been given, and the failure to give the instruction constitutes prejudicial error. [¶ 13] N.D.C.C. § 34-02-02 is a codification of the fellow servant rule: “Except as otherwise provided by law, an employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business 1997Gowin asserts it is therefore possible the jury would have answered the causation question differently had the agency instruction been given, and the failure to give the instruction constitutes prejudicial error. [¶13] N.D.C.C. § 34-02-02 is a codification of the fellow servant rule: “Except as otherwise provided by law, an employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, | 2 | 1997–1997 |
Wahl v. Morton County Social Services
green
2 sentences2000Servs., 1998 ND 48, ¶ 6 , 574 N.W.2d 859 (analyzing whether a denial of due process occurred when the Department of Human Services failed to provide a hearing within thirty days of a claimant’s request as required by federal and state medicaid provisions). 2000Servs., 1998 ND 48, ¶ 6 , 574 N.W.2d 859 (analyzing whether a denial of due process occurred when the Department of Human Services failed to provide a hearing within thirty days of a claimant’s request as required by federal and state medicaid provisions). | 1 | 2000–2000 |
Manikowske v. North Dakota Workmen's Compensation Bureau
green
2 sentences1994Manikowske, supra, 373 N.W.2d at 887 [citing State ex rel. 1994Manikowske, supra, 373 N.W.2d at 887 [citing State ex rel. | 1 | 1994–1994 |
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.