North Dakota Defense Lawyers Association
NDDLA submits an Amicus Brief
The North Dakota Defense Lawyers Association submitted an amicus brief in the product-liability case of Bornsen v. Pragotrade, LLC. The United States District Court for the District of North Dakota certified a question to the North Dakota Supreme Court asking whether that court would adopt the apparent-manufacturer rule. The Association argued that the Supreme Court should reject the rule because no room exists on the crowded North Dakota product-liability landscape for it. Adopting the rule to impose liability on nonmanufacturing sellers when state statutes preclude liability would frustrate legislative purpose. When those statutes allow liability against nonmanufacturing sellers, the rule is unnecessary. Nonmanufacturing sellers already are held to the same standard as manufacturers under strict product liability. DRI state representative Larry Boschee of the Pearce & Durick law firm authored the brief.

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North Dakota Defense Lawyers Association