Hagen v. N.D. Insurance Reserve Fund

Citations

• 993 N.W.2d 519
• 2023 ND 132

Syllabus

A district court's review of in-camera documents is reviewed for an abuse of discretion. A district court's conclusion that attorney work product meets the potential liability exception under N.D.C.C. § 44-04-19.1(8) must include a finding that the records relate to circumstances for which there remains a genuine potential for liability. A public entity that has a legal duty to defend its member agencies may be able to demonstrate that attorney work product is exempt from disclosure if disclosure would reveal records that relate to circumstances for which there remains a genuine potential for liability. A district court must follow the pronouncements of an appellate court on legal issues in subsequent proceedings of the case.