Miscellaneous


Establishes guidelines for asbestos litigation. The plaintiff must provide the
Establishes guidelines for asbestos litigation. The plaintiff must provide the court and parties with a sworn statement signed by the plaintiff and the plaintiff’s counsel indicating that all asbestos trust claims that can be made have been filed, provide all parties with any trust claims material, and if the plaintiff’s claim is based on exposure to asbestos through any other person, the plaintiff must produce all trust claims materials submitted by the other person. A defendant may file for a stay of the proceedings if there is information that could support additional trust claims by the plaintiff. The motion must identify any asbestos trust claim the defendant believes the plaintiff can file and include any information supporting the asbestos trust claim. If the court determines there is sufficient basis for the plaintiff to file an asbestos trust claim, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces related trust claims material.
Codifies existing South Dakota law with respect to trespassers by
Codifies existing South Dakota law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers. Provides that a landowner does not owe a duty of care to a trespasser and is immune from liability for any injury to a trespasser, unless the physical injury or death was intentionally caused. Provides an exception for physical injury or death caused to a child thirteen years of age or younger resulting from an artificial condition on the land, if the landowner knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition or if the person knew or should have known that the condition involved an unreasonable risk to such children. The landowner also is liable for a child’s injury if the child did not realize the risk involved in the artificial condition, the utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child, and the person failed to exercise reasonable care to eliminate the danger.
Provides entities that have made an attempt to become Y2K
Provides entities that have made an attempt to become Y2K compliant with a rebuttable presumption that any injury based on Year 2000 disruption was not caused by negligence of the defendant
provides a state of the art defense in product liability
Exempted from civil liability manufacturers, sellers, trade associations, livestock producers, or
Exempted from civil liability manufacturers, sellers, trade associations, livestock producers, or retailers of any food or drink (as defined in Sec. 201(f) of 21 U.S.C. 321 (f)) when the claim is based on the individual’s weight gain, obesity, or a health condition related to weight gain or obesity, and the weight gain, obesity, or health condition results from the individual’s long-term consumption of a food or drink. The provisions also apply to cases that are currently pending.
Based on the ALEC model Trespasser Responsibility Act, codifies existing
Based on the ALEC model Trespasser Responsibility Act, codifies existing South Dakota law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers. Provides that a landowner does not owe a duty of care to a trespasser and is immune from liability for any injury to a trespasser, unless the physical injury or death was intentionally caused. Provides an exception for physical injury or death caused to a child thirteen years of age or younger resulting from an artificial condition on the land, if the landowner knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition or if the person knew or should have known that the condition involved an unreasonable risk to such children. The landowner also is liable for a child’s injury if the child did not realize the risk involved in the artificial condition, the utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child, and the person failed to exercise reasonable care to eliminate the danger.
Requires the court to impose payment of part or all
Requires the court to impose payment of part or all of court costs and reasonable attorneys’ fees upon a party whose action was dismissed and found to be frivolous or brought for malicious purposes.
Creates a cause of action for barratry and institutes procedures
Presumes good faith when employers provide employee references unless it
Presumes good faith when employers provide employee references unless it is shown by clear and convincing evidence that the employer recklessly, knowingly, or with malicious purpose, disclosed false or deliberately misleading information; or disclosed information subject to a nondisclosure agreement or information that is confidential under any federal or state law
Reversed the South Dakota Supreme Court’s adoption of the “loss
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