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ND HB1207
Bill
Status
4/20/2021
Primary Sponsor
Kim Koppelman
Click for details
AI Summary
HB 1207 Summary
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Amends section 28-01.3-04 to require court dismissal of claims against certifying sellers unless plaintiff proves the seller exercised significant control over product design/manufacture, had actual knowledge of defects, or created the defect.
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Creates chapter 32-46.2 establishing comprehensive requirements for asbestos actions, including 30 detailed definitions of medical and radiological terms, testing standards, and physician qualifications.
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Requires plaintiffs to file sworn information forms within 45 days of complaint specifying exposure details, asbestos-containing products, locations, dates, frequency, and manufacturer/seller identity, with continuing duty to supplement.
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Mandates detailed narrative medical reports signed by qualified physicians (board-certified in relevant specialties) as prima facie evidence before discovery proceeds, with specific diagnostic criteria for nonmalignant and malignant asbestos-related conditions.
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Applies to all asbestos claims filed on or after August 1, 2021, with statute of limitations commencing from medical diagnosis date, discovery of impairment facts, or death of exposed individual.
Legislative Description
Liability of nonmanufacturing sellers; and to provide for application.
Last Action
Signed by Governor 04/19
4/20/2021