N.D. Court Reverses Dismissal of Claims, Says Alternative Forum Must Exist

BISMARCK, N.D. -- The North Dakota Supreme Court has reversed the dismissal of 15 asbestos plaintiffs, ruling that the forum non conveniens doctrine was not applicable because no alternative forum existed for the plaintiffs to pursue their claims. Vicknair, et al. v. Phelps Dodge Industries Inc., et al., No. 2009 ND 113 (N.D. Sup. Ct.).

In the closing paragraph of the June 29 opinion, however, the high court did note that although it finds the district court erred in awarding summary judgment, it does not mean that North Dakota's statute of limitations will govern the underlying claims.

The appeal arises …