North Dakota Supreme Court Highlights
By Michael J . Morley
Author ’ s Note and Caveat : The following cases of interest were recently decided by the North Dakota Supreme Court . Because the following contain the author ’ s summary of the decisions , the reader is encouraged to read the entire published decision to determine its precedential value , if any , in a given case .
Hiltner v . Owners Insurance Company , 2016 ND 45 , 876 N . W . 2d 460 .
In a case certified to the North Dakota Supreme Court by the United States District Court , District of North Dakota , Southeastern Division , the North Dakota Supreme Court , with one dissenting opinion , held that in an underinsured motorist action arising under North Dakota law , under the specific question presented to the North Dakota Supreme Court , construing N . D . C . C . §§ 26.1-40-15.3 ( 1 ) and 26.1-40-15.4 ( 1 )( b ) together , and in conjunction with comparative fault law of North Dakota , a Court must first reduce a
Michael J . Morley received his juris doctor with distinction and was admitted to the Order of the Coif upon graduation from the University of North Dakota School of Law in 1979 . That same year , he was admitted to practice law in North Dakota State Courts and the United States District Courts for the District of North Dakota . In 1981 , he was admitted in the Minnesota State Courts and the United State District Court for the District of Minnesota , as well as the United States Court of Appeals for the Eighth Circuit . He is a member of the State Bar Associations of North Dakota and Minnesota , and is currently president and shareholder of Morley Law Firm , Ltd ., in Grand Forks .
20 THE GAVEL past economic damage award to the plaintiff by the percentage of fault attributable to the plaintiff , i . e ., the underinsured motorist insured , and other persons or parties , other than the operator or owner of the underinsured motor vehicle , and then deduct the no-fault benefits paid .
Yahna v . Altru Health System , 2015 ND 275 , 871 N . W . 2d 580
In an employment discrimination case , the Supreme Court affirmed the District Court ’ s grant of summary judgment against the employee and in favor of the employer . The Court held that although an employee handbook may modify the statutory presumption of at-will employment under N . D . C . C . § 34-03-01 , the mere presence of an employee handbook or policy manual does not , by itself , evidence an intent to enter into an employment contract that would overcome the at-will employment statutory presumption . The Court stated that the employee handbook or policy manual must be read and construed as a whole to determine whether the parties intended the handbook to create contractual rights overcoming the at-will employment presumption . When a disclaimer in the handbook or policy manual clearly , conspicuously , and unambiguously preserves the at-will presumption and no other evidence overcomes the at-will presumption , the disclaimer ( against a contractual relationship ) will be controlling .
State v . Anderson , 2016 ND 28 , 875 N . W . 2d 496
In a criminal homicide case , the Supreme Court affirmed a District Court ’ s criminal judgment after a jury found the defendant guilty of murder . The defendant argued , on appeal , that he was denied a fair trial because the Trial Court allowed the State to introduce testimony about his post-arrest silence in violation of his Fifth Amendment right to remain silent . The State conceded at oral argument that the question about the defendant ’ s post-arrest silence should not have been asked . In affirming the Trial Court , the Supreme Court stated that the testimony from a police officer , regarding the defendant ’ s post-arrest silence , while arguably was used as substantive evidence of defendant ’ s guilt , was brief and the silence was not referred to again at any other time during trial or in closing argument . Moreover , the defendant did not object at the time or move for a mistrial , giving the trial judge no opportunity to grant such motion or give a curative instruction . The Supreme Court held that while they did not condone the testimony about the defendant ’ s post-arrest silence , any error in allowing the police officer ’ s brief testimony was harmless beyond a reasonable doubt because there was other ample , admissible evidence of defendant ’ s guilt .
PHI Financial Services , Inc ., v . Johnston Law Office , P . C ., 2016 ND 114
Johnston Law Office , P . C ., appealed to the North Dakota Supreme Court from a district court order compelling discovery and an order finding it in contempt of court . The Supreme Court affirmed , holding that when a [ trial ] court has issued an allegedly erroneous order , the party to whom the order was issued must still obey it as long as it remains in force or until it is vacated or reversed on appeal and the failure to obey the order is punishable as a contempt of court . A party ’ s disagreement with how a court interpreted the law does not provide license or authority to disobey a court order without consequence . The Supreme Court further held that because a district court ’ s alleged misinterpretation of a discovery rule of civil procedure did not necessarily render the discovery order void , the law firm was not excused from failing to comply with it