Articles Posted in North Dakota Supreme Court

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According to the complaint, Dustin Limberg sought emergency department care and treatment at Sanford Medical Center Fargo. He did not have insurance and was asked to sign, and did sign, Sanford's "Statement of Financial Responsibility and Release of Information" form ("the contract"). After receiving his bill for the visit, Limberg filed a class action lawsuit seeking a declaratory judgment that Sanford's billing practices were unfair, unconscionable, or unreasonable because the contract contained an "open price" term. He claimed the term "all charges" as referenced in the Sanford contract was ambiguous and he and the class were liable to Sanford only for the reasonable value of the treatment and services provided to them. Sanford moved for dismissal, which the district court granted. Limberg appealed. On appeal, he argued the district court should not have dismissed the case. Because the district court appropriately dismissed the case, the Supreme Court affirmed the judgment. View "Limberg v. Sanford Medical Center Fargo" on Justia Law

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On May 12, 2016, G.A.S.'s mother petitioned for involuntary commitment at St. Alexius Medical Center in Bismarck after hospital personnel became concerned about G.A.S.'s health because he refused psychiatric medication. G.A.S. waived a preliminary hearing, and on May 17, 2016, the district court ordered him involuntarily committed for 14 days. G.A.S. appealed a district court order authorizing involuntary treatment with prescribed medication. After review, the Supreme Court concluded the district court did not violate G.A.S.'s statutory rights by accepting testimony from one of G.A.S.'s treating psychiatrists, and the court's factual findings were supported by the evidence. View "Interest of G.A.S." on Justia Law

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Plaintiff-Appellant John Schmitt appealed the dismissal of his claims against MeritCare Health System for defamation, tortious interference with a prospective business advantage, and violation of state antitrust law. Upon review, the Supreme Court concluded that Plaintiff's allegations lacked merit, and affirmed the grant of summary judgment dismissing his claims. View "Schmitt v. MeritCare Health System" on Justia Law

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Plaintiff-Appellant Sean Weeks appealed a summary judgment that dismissed his claims against Michael Geiermann and Collection Center, Inc. (collectively "Collection Center") for violations of the Fair Debt Collection Practices Act. In 2009, Plaintiff brought this action against the Center for its attempt to collect $3,034.21 in interest on a debt he owed to Medcenter One for clinic and hospital services. Plaintiff obtained medical services from Medcenter's clinic and hospital. According to billing records for the clinic, Plaintiff received services between 2002 and 2008 and was billed $6,752.46, of which his insurance paid $4,698.72. After an insurance adjustment of $1,427.26, Weeks was responsible for $626.48. Weeks paid $453.40, and after another adjustment of $2.03, $171.05 remained unpaid. In July 2009, attorney Geiermann on behalf of Collection Center sent Plaintiff a letter, demanding payment to the hospital for $4,481.22 and to the clinic for $171.05. The letter also demanded $3,003.28 in interest for the hospital and $30.93 in interest for the clinic. The district court granted Collection Center's summary judgment motion and dismissed Plaintiff's action, stating the case was "fairly straightforward." The court held there was no disagreement that Plaintiff had incurred a debt to Medcenter for medical services that remained unpaid which constituted a "legal indebtedness." The court further held that, according to Plaintiff's affidavit, he never received anything in writing from Medcenter indicating any interest would be assessed in the event of nonpayment of this debt after a specified period of time. The court concluded "as a matter of law, that [Collection Center was] rightfully entitled to collect interest from Weeks at the rate of six percent (6%) per annum on the legal indebtedness owed by Weeks to [Collection Center], as the assignee of Medcenter One." Upon review, the Supreme Court affirmed, concluding that a "medical services provider," who does not make disclosures required under N.D.C.C. 13-01-15 to charge the "late payment charge" allowed under N.D.C.C. 13-01-14.1, is still entitled to prejudgment interest under N.D.C.C. 47-14-05 at the legal rate of six percent per annum. View "Weeks v. Geiermann" on Justia Law