Daily Case Law
Tuesday, October 20, 2026 · 12 decisions worth your morning coffee
North Dakota

Larsgaard v. Larsgaard — North Dakota Supreme Court upheld vexatious-litigant restrictions and a $7,500 fee award

North Dakota Supreme Court · Lisa Fair McEvers; Jerod E. Tufte; Jon J. Jensen; Douglas A. Bahr; Mark A. Friese · 2026-10-15civil procedure

Background: Cassidy Joelle Larsgaard appealed a district court order designating her a vexatious litigant and requiring her to obtain leave of court before filing new litigation or additional documents in existing litigation. She also challenged the accompanying order requiring her to pay Michael Edwin Larsgaard $7,500 in attorney’s fees and costs.

Held: The North Dakota Supreme Court affirmed, holding that the district court complied with Rule 58’s procedural requirements. The rule permits a presiding judge to act on the court’s own motion, so a separate motion or notice of motion from a party was unnecessary. Cassidy received the required notice and an opportunity to respond in writing, and Rule 58 gives the…

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Singapore

Kingdom of Spain v NextEra Energy — Court rejects sovereign-immunity challenge to ICSID award registration

Singapore Court of Appeal · Sundaresh Menon (Tony Tan Keng Yam, 2012) · 2026-10-19arbitrationcivil procedure

Background: NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V., described by the court as the Dutch Investors, commenced ICSID arbitration against Spain under the Energy Charter Treaty over investments in Spain. The tribunal rejected Spain’s objection that the treaty’s arbitration mechanism did not apply to disputes between an investor from one European Union…

Held: The Court of Appeal dismissed Spain’s appeal. It held that Spain’s accession to the ICSID Convention, particularly its undertaking under Article 54 to recognize and enforce ICSID awards, constituted a prior written submission to the jurisdiction of Singapore’s courts for proceedings to register or enforce such awards. The submission exception in section 4 of the State Immunity Act therefore applied.…

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Connecticut

Bank of New York Mellon v. Tope — affirmed the foreclosure judgment and remanded for further proceedings

Connecticut Appellate Court · Moll; Westbrook; Harper · 2026-10-20real estate

Background: The Bank of New York Mellon brought this action in 2014 to foreclose a mortgage on Achyut M. Tope’s New Haven property. After a judgment of foreclosure by sale and extensive subsequent litigation, the Connecticut Supreme Court held that Tope’s challenge to the bank’s standing was not an impermissible collateral attack. It remanded for an…

Held: The Appellate Court held that the trial court implicitly ruled on Tope’s sanctions motion. At the evidentiary hearing, the court granted the alternative relief Tope requested by authorizing posthearing depositions and allowing discovery arguments in the parties’ briefs. By later rejecting Tope’s discovery grievances and denying his motion to open, the court also implicitly denied any remaining request for sanctions.

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Texas

In re Joseph Beard — Texas appeals court denies bid to move case out of Business Court

Texas 15th Court of Appeals · Chief Justice Brister; Justice Field; Justice Farris · 2026-10-15civil procedureemployment

Background: Joseph Beard worked for venture-capital firm Perot Jain, L.P. under an employment agreement that made him eligible for a 3% “promote” based on his involvement in the firm’s business. When he left in 2020, Beard and Perot Jain executed a separation agreement addressing a 3% promote for specified portfolio companies, followed by a release stating…

Held: The Fifteenth Court of Appeals denied Beard’s mandamus petition. It held that “arising out of a qualified transaction” under Texas Government Code section 25A.004(d)(1) requires a broad but-for causal connection, rather than direct or proximate causation.

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North Dakota

Caspers — North Dakota Supreme Court affirms denial of postconviction relief

North Dakota Supreme Court · Lisa Fair McEvers; Jerod E. Tufte; Jon J. Jensen; Douglas A. Bahr; Mark A. Friese · 2026-10-15criminal

Background: Nicholas Caspers sought postconviction relief concerning sentences imposed after probation-revocation proceedings in 2022 and 2023. His illegal-sentence theory depended on the assertion that proceedings on the State’s second petition to revoke probation had resulted in a revocation in 2020.

Held: The North Dakota Supreme Court held that the district court properly dismissed the illegal-sentence claim because the premise underlying it had already been rejected in Caspers’s prior appeal. The issue therefore had been fully and finally determined in a previous proceeding under N.D.C.C. § 29-32.1-12(1).

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Connecticut

Villalobos v. Target Corp. — Connecticut Appellate Court orders new trial over omitted nondelegable-duty instruction

Connecticut Appellate Court · Cradle, C. J.; Clark, J.; Seeley, J. · 2026-10-20civil procedure

Background: Wendy C. Villalobos was struck by a vehicle while pushing a shopping cart through a crosswalk in front of a Target store in New Britain. The driver made a wide turn from a parking aisle onto the roadway and struck Villalobos in the northbound lane. Villalobos alleged that Target negligently designed and maintained the roadway,…

Held: The Connecticut Appellate Court reversed and ordered a new trial. Because Target controlled the premises and had hired independent contractors to design, construct, and maintain the roadway, the requested nondelegable-duty instruction was legally correct and supported by the evidence. Target could delegate performance of its premises-safety obligations, but not its ultimate legal responsibility for a contractor’s negligence.

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Texas

City of Houston v. Carrizales Cruz — city cannot dismiss crash suit at pleading stage

Texas 1st Court of Appeals · Rivas-Molloy; Guerra; Gunn · 2026-10-13civil procedureemploymentpersonal injury tort

Background: Edson Carrizales Cruz sued the City of Houston for negligence after a City employee allegedly ran a red light in a City-owned vehicle and struck Cruz's vehicle, causing serious injuries. Cruz alleged that the employee was acting within the scope of employment.

Held: The First Court of Appeals affirmed. Allegations that a governmental employee negligently operated a governmental vehicle and caused the collision are sufficient at the Rule 91a stage to invoke the TTCA's motor-vehicle waiver.

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North Dakota

Dewitz v. Dewitz — North Dakota Supreme Court affirms divorce property division after husband failed to preserve challenge to discovery sanction

North Dakota Supreme Court · Lisa Fair McEvers, C.J.; Jerod E. Tufte; Jon J. Jensen; Douglas A. Bahr; Mark A. Friese · 2026-10-15family law

Background: Glenn Safford Dewitz appealed from a Morton County District Court judgment entered after a bench trial in his divorce proceedings against Sheree Lee Dewitz. The district court had ordered Glenn to provide discovery responses and later held him in contempt for failing to comply.

Held: The North Dakota Supreme Court held that Glenn failed to preserve his challenge to the exclusion of his valuation evidence. When evidence is excluded as a discovery sanction, the party seeking admission must demonstrate prejudice by making the substance of the excluded evidence known to the trial court through an offer of proof. Glenn made no such offer after the…

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Connecticut

Frog Bridge Development Co. v. Osborne — Eviction upheld on rent increase, but rent-default count reversed

Connecticut Appellate Court · Alvord, J.; Moll, J.; Clark, J. · 2026-10-20civil procedure

Background: Frog Bridge Development Company leased an apartment in Willimantic to Joseph Osborne for $900 monthly. After the written lease expired, Osborne continued as a month-to-month tenant. In December 2023, the landlord offered a one-year renewal at $1,400 per month and stated that, if Osborne neither renewed nor left, a month-to-month tenancy would continue at $1,550…

Held: The Appellate Court upheld the judgment on the refusal-to-accept-a-rent-increase count. Section 47a-23c(c)(1)'s requirement that a protected tenant's increase be “fair and equitable” is not ambiguous: the statute expressly directs courts to the criteria in § 7-148c. The trial court properly treated the ultimate fair-and-equitable determination as discretionary and did not clearly err in crediting evidence concerning comparable rents, inflation, and…

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North Dakota

Lunday v. Lunday — affirmed quiet-title judgment and imposed double costs for fictitious citations

North Dakota Supreme Court · Lisa Fair McEvers, C.J.; Jerod E. Tufte; Jon J. Jensen; Douglas A. Bahr; Mark A. Friese · 2026-10-15real estate

Background: John E. Lunday brought an action concerning title to certain real property. The Rolette County District Court entered an amended judgment quieting title after finding that a 2022 deed had not been delivered.

Held: The North Dakota Supreme Court summarily affirmed. It held that the district court did not misapply the law and that its factual findings were not clearly erroneous. Although Brent asserted that one paragraph of the district court's 44-page order referred to the wrong deed, the Supreme Court concluded that the findings as a whole showed no misunderstanding of the evidence…

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North Dakota

Sailer v. Sailer — North Dakota Supreme Court affirms unequal marital-property award

North Dakota Supreme Court · Per Curiam · 2026-10-15civil procedure

Background: In this divorce case, the Burleigh County district court divided the marital estate unequally, awarding approximately 35% to Wayne Sailer, Jr. and 65% to Christi Sailer. The court found that Wayne had greater current earning capacity and received assets that were more readily liquidated than the assets awarded to Christi.

Held: The North Dakota Supreme Court affirmed. It held that the district court comprehensively considered the Ruff-Fischer factors and that the record supported its findings. Although the distribution was unequal, the court concluded it was equitable in light of the parties’ earning capacities and the differing liquidity of the assets they received.

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North Dakota

Everett v. State — North Dakota Supreme Court affirms dismissal of untimely third postconviction application

North Dakota Supreme Court · Lisa Fair McEvers, C.J.; Jerod E. Tufte; Jon J. Jensen; Douglas A. Bahr; Mark A. Friese · 2026-10-15civil procedurecriminal

Background: Russell Wayne Everett, Jr. appealed from a judgment entered after the district court summarily dismissed his third application for postconviction relief. The application alleged ineffective assistance of trial counsel.

Held: The North Dakota Supreme Court affirmed the dismissal. It explained that a party may not collaterally attack in a later proceeding a final decision from which no appeal was taken.

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Full analyses at Case Law Wire. Summaries are AI-generated and are not legal advice.