New Opinions: June 4, 2026

Highlight: Under Cridland v. N.D. Workers Comp. Bureau, 1997 ND 223, 571 N.W.2d 351, administrative res judicata does not bar a subsequent workers' compensation proceeding when the first proceeding decided a different subject matter and did not adjudicate the claim later asserted.

A claim that a work injury accelerated a preexisting condition is not ripe—and therefore could not have been raised in an earlier proceeding—until WSI has terminated benefits for the acute accepted condition.

Highlight: A criminal judgment entered after a jury convicted the defendant of attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

Highlight: North Dakota law requires elected and appointed officials to take an oath of office but does not apply to unelected, unappointed employees of the unified judicial system.

The district court did not abuse its discretion in concluding Plaintiff's claims are frivolous and awarding attorney's fees to Defendants.

State v. Ferrell 2026 ND 112
Docket No.: 20250384
Filing Date: 6/4/2026
Case Type: Appeal - Criminal - Protection/Restraining Order
Author: McEvers, Lisa K. Fair

Highlight: An order dismissing a criminal case without prejudice is appealable.

A district court's decision to dismiss a criminal case on its own motion is reviewed for an abuse of discretion.

Pre-dispositional bail orders prohibiting contact are not among the kinds of orders punishable for disobedience under N.D.C.C. § 12.1-10-05(1).

Highlight: Statutory interpretation presents a question of law, reviewed de novo on appeal. When interpreting a statute, the primary objective is to ascertain the intention of the legislation.

Under the statute of frauds, a special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in another statute, is invalid unless it is in writing.

A "guaranty" is a promise to answer for the debt, default, or miscarriage of another person, while an "assumption" of debt is taking someone else's debt or other obligation for or on oneself.

Under the statute of frauds, an agreement or promise to alter the terms of repayment or forgiveness of a debt, in an aggregate amount of twenty-five thousand dollars or greater, is invalid unless it is in writing.

Berger v. Berger 2026 ND 110
Docket No.: 20250356
Filing Date: 6/4/2026
Case Type: Appeal - Civil - Divorce - Property
Author: Friese, Mark A.

Highlight: Res judicata bars a district court's consideration of a subsequent motion when a valid, final judgment has been entered and that judgment is conclusive to the claims or causes of action raised, or those that could have been raised by the
parties.

Highlight: The substantive evidence and merits of an informal disciplinary disposition are reviewed de novo on the record. A violation of the rules of professional conduct must be established by clear and convincing evidence.

Rule 5.5(a), N.D.R. Prof. Conduct, incorporates rules regulating the legal profession, including the North Dakota Admission to Practice Rules. A violation of Admission to Practice Rule 3 may constitute an ethical violation under Rule 5.5(a).

The second safe harbor alternative in N.D.R. Prof. Conduct 5.5(b)(3) permits a lawyer only to prepare for the matter before pro hac vice admission, not to appear in it. Being designated as counsel in a matter constitutes appearing.

A nonresident lawyer's failure to file a motion for pro hac vice admission within 45 days after appearing as counsel, as required by N.D. Admission to Practice Rule 3(A)(2), constitutes the unauthorized practice of law in violation of N.D.R. Prof. Conduct 5.5(a).