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Supreme Court issues five new opinions covering diverse legal matters

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Friday, May 9, 2025

Supreme Court issues five new opinions covering diverse legal matters

State AG
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Jon J. Jensen, Chief Justice | ndcourts.gov

The Supreme Court has released five new opinions on May 8, 2025. These opinions cover a range of legal issues, from contract disputes to criminal cases.

In the case of ICON HD v. National Sports Opportunity Partners, et al., authored by Justice Daniel John Crothers, the court highlighted that "a party must include affirmative defenses in its responsive pleading." It also noted that privity between parties could bar new litigation under res judicata and emphasized that releases in settlement agreements follow standard contract interpretation rules.

Justice Douglas Alan Bahr authored the opinion for Nagle v. Nagle, a civil divorce appeal. The court discussed how interlocutory orders merge into final judgments and are reviewable on appeal. It further explained that when distributing marital property, courts consider various factors, including the marriage's duration. In short-term marriages, equitable division is necessary even if parties return what they brought into the marriage.

In Matter of Robinson, Justice Lisa K. Fair McEvers addressed name change petitions by individuals with felony convictions. The petitioner must demonstrate by clear and convincing evidence that their request is not intended to defraud or mislead and will not harm others or compromise public safety.

The ND Indoor RV Park v. State case involved an appeal dismissed due to lack of jurisdiction as outlined by statute. Authored by Justice Jon J. Jensen, the opinion elaborated on the limited circumstances under which supervisory writs are issued and detailed protections for public officials under qualified immunity unless certain conditions are met.

Finally, in State v. Taylor, also authored by Justice Jensen, the court found no constitutional violation regarding jury unanimity despite a missing juror response in trial transcripts when other safeguards were present. The opinion reiterated the district court's discretion over evidence presentation and stated sentencing decisions would only be vacated if statutory limits were exceeded or impermissible factors influenced severity.

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