N.D. High Court Upholds Dismissal of Asbestos Claims on Statute of Limitations Grounds

BISMARCK, N.D. -- Finding that the plaintiffs had failed to present evidence that their claims qualified for a legislative exception that would have permitted their asbestos claims to proceed under North Dakota's six-year statute of limitations, the North Dakota Supreme Court has affirmed a summary judgment award to several defendants. Vicknair, et al. v. Phelps Dodge Industries Inc., et al., No. 2011 ND 39 (N.D. Sup. Ct.).

In the Feb. 18 ruling, the Supreme Court found that the plaintiffs never identified or detailed how they were "denied a fair opportunity to litigate their claims by the other states' limitation periods." …