Vicknair, et al. v. Phelps Dodge Industries, Inc., et al.

Case Updates

The North Dakota Supreme Court held that, before raising claims for injuries sustained in another state, plaintiffs must show that the statute of limitations period of the other state did not afford a fair opportunity to litigate their claims. The court ruled that the trial court properly refused to apply North Dakota's six-year statute of limitations for these personal injury actions.

NCLC urged the North Dakota Supreme Court to dismiss the asbestos exposure claims of thirteen plaintiffs who neither live in nor were exposed to asbestos in North Dakota. The plaintiffs missed the statute of limitations in their respective jurisdictions. The court previously held that forum non conveniens does not apply in this case, but that North Dakota's statute of limitations does not necessarily govern the case. In its brief, NCLC argued that the Uniform Conflict of Laws-Limitations Act bars this lawsuit. NCLC warned that the case, if upheld, would damage North Dakota's reputable judicial system and invite costly out-of-state litigation to North Dakota's courts.