North Dakota Issues

Attorney General Sunshine / Private Attorney General Sunshine

Reforms View All »

Medical Liability Reform: S.B. 2217 (1997)

North Dakota|1997

Requires that a medical liability case must be dismissed without

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Requires that a medical liability case must be dismissed without prejudice unless the claimant obtains an admissible expert opinion within three months of commencement of the action or a date determined by the court.

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Unchallenged

Medical Liability Reform: H.B. 1351 (1997)

North Dakota|1997

Provides that a person brings suit for medical liability waives

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Provides that a person brings suit for medical liability waives medical privilege as to medical records, opinions, and information with other physicians having examined that party.

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Unchallenged

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Product Liability Reform: S.B. 2351 (1993)

North Dakota|1993

Provides for a move from pure comparative fault to modified

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Provides for a move from pure comparative fault to modified comparative fault in product liability actions.

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Unchallenged

Product Liability Reform: HB 1369 (1995).

North Dakota|1995

Establishes a ten‑year statute of repose in product liability actions.

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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.

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Challenged and Struck Down

The 10‑year statute of repose is unconstitutional. Dickie v. Farmers Union Oil Co., 2000 ND 111 (N.D. May 25, 2000).

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Punitive Damages Reform: H.B. 1369 (1995)

North Dakota|1995

Requires “clear and convincing” evidence that the defendant has been

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Requires “clear and convincing” evidence that the defendant has been guilty of oppression, fraud or actual malice.

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Unchallenged

Punitive Damages Reform: S.B. 2351 (1993)

North Dakota|1993

Limits punitive damages to the greater of $250,000 or two

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Limits punitive damages to the greater of $250,000 or two times compensatory damages; allows for a bifurcated trial on the issue of punitive damages; and prohibits a defendant’s financial worth from being admitted in the punitive damages portion of a trial.

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Unchallenged

Miscellaneous

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Asbestos Litigation Reform – H.B. 1207

North Dakota|2021

Asbestos claimants will have to support their claims with a

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Asbestos claimants will have to support their claims with a medical report signed by a treating physician demonstrating that the claimant has asbestos-related impairment according to objective medical criteria. For claims involving a malignant condition, the trial court will be required to hold a hearing to determine if the exposed person’s cancer is asbestos-related. Within 45 days of filing an asbestos or silica action, a plaintiff must file a sworn information form that specifies the evidence that provides the basis for each claim against each defendant and include supporting documentation. In addition, absent consent of all parties, asbestos cases may be joined for trial only if the cases relate to the exposed person and members of that person’s household. Codifies a legal doctrine called the “bare metal” defense, which holds that a manufacturer or seller of a product, such as a pump, is not liable for later-added external thermal insulation or replacement internal components, such as gaskets, made or sold by a third party. Permits a seller to obtain dismissal when the seller has simply been part of the chain of distribution of a product that is alleged to have caused a harm. The law applies to all asbestos claims filed on or after August 1, 2021.

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Unchallenged

Asbestos Bankruptcy Trust Transparency Act – H.B. 1197

North Dakota|2017

Requires disclosures by the plaintiff within thirty days of filing,

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Requires disclosures by the plaintiff within thirty days of filing, a defendant to file a motion requesting a stay of the proceedings, requires the plaintiff to file asbestos trust claims within ten days of receiving the defendant’s motion, allows a defendant to seek discovery from an asbestos trust, and allows a defendant to seek sanctions for any failure to comply with the requirements of the bill.

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Unchallenged

Latest News

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Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List

Press Releases

Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List Nine Jurisdictions, Courts, and Legislatures Named Nation’s “Most Unfair” Dec. 4, 2018 […]

Phantom Damages Reform

Attorney General Sunshine / Private Attorney General Sunshine

Appeal Bond Reform

Joint and Several Liability

Medical Liability Reform

Noneconomic Damages Reform

Product Liability

Punitive Damages

Miscellaneous

Latest News

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Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List