Kjolsrud v. MKB Management Corp. - No. 20030023
Case Summary
Amy Jo Kjolsrud, formerly known as Amy Jo Mattson, appeals from the trial court's judgment in favor of MKB Management Corporation, doing business as Red River Women's Clinic on her action to stop the Clinic from distributing a brochure containing an allegedly false and misleading claim.
On December 15, 1999, Kjolsrud filed a complaint under North Dakota's false advertising statute, N.D.C.C. § 51-12-14, seeking an injunction to stop the Clinic from distributing a brochure that contained the allegedly false statement that no medical research or evidence exists to support the claim an abortion increases the risk of breast cancer. Subsequently, the Clinic stopped distributing the brochures with that language.
On July 2000, Kjolsrud filed a supplemental complaint to stop the Clinic from distributing a new brochure that stated the substantial body of medical research and evidence showed there was no established link between abortion and breast cancer. Kjolsrud asserted medical evidence shows women giving birth have less risk of breast cancer compared with women terminating their pregnancy by abortion. Kjolsrud asked the trial court to require the Clinic to affirmatively disclose the evidence of a relationship between abortion and breast cancer.
On August 2, 2002, after a bench trial, the trial court dismissed Kjolsrud's complaint with prejudice and awarded costs and disbursements to the Clinic. The trial court found that current medical studies researching a link between abortion and breast cancer are inconsistent, and therefore, the Clinic's brochure did not make a false claim.
Kjolsrud appeals.