NORTH DAKOTA REFORMS

Alternative Dispute Resolution: HB 1050 (1995).  Provides for alternative dispute resolution.

Appeal Bond Reform:  SB 2273 (2005); N.D. Cent. Code, § 28-21-25. Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Collateral Source Rule Reform: HB 1571 (1987): N.D. Cent. Code § 32-03.2-06.  Provides for awards to be offset by collateral source payments other than life insurance or insurance purchased by the recovering party.

Government Retention of Personal Injury Lawyers: SB 2047 (1999); N.D. Cent. Code, § 54-12-08.1.  Provides that an emergency commission must approve the attorney general’s appointment of a special assistant attorney general in a civil case in which the amount in controversy exceeds $150,000.  Prohibits a state governmental agency from contracting legal services by contingent fee unless the entity receives an appointment from the attorney general for a special assistant attorney general.

Joint and Several Liability Reform: HB 1571 (1987): N.D. Cent Code § 32‑03.2‑02.  Bars application of the rule of joint and several liability in the recovery of all damages, except for intentional torts, cases in which defendants acted in concert, and product liability cases.

Landowner Immunity for Injuries to Trespassers: H.B. 1452 (2011).  Codifies existing law with respect to trespassers and by providing landowners immunity from liability for injuries to trespassers.  Establishes that a possessor of land does not owe a duty of care to a trespasser, except for cases when the land possessor knows of the trespasser's presence on the premise or in certain instances involving child trespassers.  

Medical Liability Reform/Expressions of Sympathy: H.B. 1333 (2007); Amended N.D. Cent. Code, § 31-04-12. Provides that a statement, affirmation, gesture, or conduct of a health care provider or their employee or agent that expresses apology, sympathy, commiseration, condolence, compassion, or benevolence to a patient is not admissible as evidence of liability.

Medical Liability Reform: Economic Damages Reform: N.D. Cent. Code § 32-03.2-08.  Provides that upon the request of a party, economic damages in excess of $250,000 (before reduction for contributory fault and collateral source payments) are subject to review by the court for reasonableness. 

Medical Liability Reform: Periodic Payment of Future Damages: N.D. Cent. Code § 32-03.2-09.  Allows a court to order the periodic payment of future economic damages for institutional or custodial care exceeding two years in medical liability cases if the defendant can show adequate security.  Provides that the periodic payments terminate upon the death of the injured party. 

Noneconomic Damages Reform: HB 1050 (1995): N.D. Cent. Code. § 32-42-02.  Limits the award of noneconomic damages in medical liability cases to $500,000.

Obesity Litigation Reform: HB 1241 (2005); N.D. Cent. Code, § 19-23-01.  Exempts from civil liability producers, processors, manufacturers, packers, distributors, carriers, holders, sellers, marketers, trade associations, and advertisers of food (as defined in 21 U.S.C. 321 (f)), or an association of one or more those entities, for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term         consumption of food.  The liability exemption does not apply if the claim is based on a material violation of state or federal adulteration or misbranding requirements.  The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully.  Provides that discovery and all other proceedings shall      be stayed during a motion to dismiss.

Product Liability Reform: HB 1369 (1995).  Establishes a ten‑year statute of repose in product liability actions.  Provides a government standards defense.  Prohibits the award of punitive damages, when a manufacturer complies with government standards.  The 10‑year statute of repose is unconstitutional. Dickie v. Farmers Union Oil Co., 2000 ND 111 (N.D. May 25, 2000).

Punitive Damages Reform: HB 1297 (1997); Amended N.D. Cent. Code, § 32-03.2-11.  Requires a plaintiff to show by a preponderance of the evidence that a defendant acted with oppression, fraud, or actual malice before a moving party may amend pleadings and claim punitive damages.

Punitive Damages: Clear and Convincing Evidence: N.D. Cent. Code § 32-03.2-11.  Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.

Punitive Damages Reform: Damages Limit: N.D. Cent. Code § 32.03.2‑11(4).  Limits punitive damages to the greater of two times compensatory damages or $250,000.