North Dakota Supreme Court

UND v. Whelan

February 5, 20262026 ND 19

Summary

The court granted a supervisory writ and directed dismissal of the class action because the asserted wage claims and unjust-enrichment claim were not claims arising upon a contract under the statutory waiver permitting suits against the State. The court held that incorporating labor laws into an employment relationship does not convert statutory wage claims into contract claims, and that the unjust-enrichment claim was noncontractual based on allegations of intentional exploitation. No separate opinions were filed.