Category Archives: North Dakota

North Dakota Joins States Enacting Asbestos Bankruptcy Trust Transparency Legislation

On April 14, 2017, North Dakota became the third state this year to enact legislation mandating disclosure of asbestos bankruptcy trust claims. The new legislation requires plaintiffs to provide, within thirty days after an asbestos action is filed, a sworn statement from both plaintiff and counsel stating that all asbestos trust claims have been made. Plaintiffs must also provide parties with all trust claim materials, which are admissible in evidence. Supplementation is required, and failure to comply may result in dismissal of the case by…

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Foreseeability of Injury Nor a Special Relationship Existed to Create a Duty in Secondary Exposure Case Supreme Court of North Dakota, January 14, 2016

The plaintiff contracted mesothelioma and sued various defendants for asbestos exposure allegedly sustained as a child. Kuettel performed industrial and commercial insulation contracting work;  the plaintiff’s father worked for Kuettel from 1961-65 and again from 1974-79. Kuettel moved for summary judgment, arguing it had no duty to warn the plaintiff because there was no special relationship between it and the plaintiff, and because it did not manufacture any of the asbestos-containing products it supplied and installed.  The district court granted the motion because there was…

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