Summary
The North Dakota Supreme Court granted the University of North Dakota’s petition for a supervisory writ and directed the district court to dismiss a class action brought by flight instructors. The court held that the plaintiff’s claims under the Fair Labor Standards Act, North Dakota wage laws, and unjust enrichment were statutory or otherwise noncontractual and therefore were not authorized under N.D.C.C. chapter 32-12. Because the plaintiff had not complied with the notice requirements of N.D.C.C. chapter 32-12.2, the district court lacked subject matter jurisdiction.
Court
Supreme Court of North Dakota
Jurisdiction
Supreme Court of North Dakota
Decision date
February 5, 2026
Docket number
No. 20250286
Disposition
writ_granted
Questions Presented
- Whether the Supreme Court should exercise supervisory jurisdiction to review the district court's partial denial of UND's motion to dismiss for lack of subject matter jurisdiction.
- Whether Sangster's FLSA and North Dakota wage-law claims arise upon a contract and therefore fall under N.D.C.C. ch. 32-12 rather than the notice requirements of N.D.C.C. ch. 32-12.2.
- Whether Sangster's unjust enrichment claim is contractual in nature and authorized under N.D.C.C. ch. 32-12.
Holdings
- The Supreme Court may and should exercise supervisory jurisdiction because the district court's jurisdiction over the claims presents an important issue and supervisory relief is necessary to prevent costly litigation in a case the district court lacks jurisdiction to entertain.
- Claims seeking relief for violations of statutory wage rights do not arise upon a contract merely because an employment contract exists or because relevant statutes are incorporated into the contractual relationship.
- An unjust enrichment claim may be grounded in contract or tort; whether it sounds in contract depends on the factual basis pleaded. Sangster's unjust enrichment claim sounded in tort, not contract, because it was based on alleged intentional and wrongful exploitation and therefore was not authorized by N.D.C.C. ch. 32-12.
- Absent timely notice under N.D.C.C. § 32-12.2-04(1), the court lacks subject matter jurisdiction over claims subject to that statutory notice requirement.
Court Document
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