Kjolsrud v. MKB Management Corp.

20030023 Amy Jo Kjolsrud,
f/k/a Amy Jo Mattson, Plaintiff, Appellant,
and Cross-Appellee
v.
MKB Management Corporation
d/b/a Red River Women's
Clinic, Defendant, Appellee,
and Cross-Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Michael O. McGuire
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Lange & Donovan, PLLP
Appellee: Turman & Lang, Ltd.
Appellee: Lawyer not licensed in N.D.
Appellee: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
Term: 06/2003   Argument: 06/18/2003  10:45am
ND cite: 2003 ND 144
NW cite: 669 N.W.2d 82

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Is the defendant abortion clinic violating North Dakota's False Advertising Statute by stating in its commercial brochures that there is no evidence of a causal relationship between abortion and breast cancer risk?
II. If so, what is the most appropriate and equitable remedy?

Appellee's Statement of the Issues:
1. Whether the District Court's determination that the Clinic is not in violation of North Dakota Century Code Sections 51-12-08 and 51-12-14 because the statements in the Clinic's brochures are neither false nor misleading and because the Clinic exercised reasonable care is clearly erroneous.
2. Whether the District Court erred in concluding that Amy Jo Kjolsrud (ne Mattson) had standing to maintain an action for injunctive relief pursuant to North Dakota Century Code Section 51-12-14 when she suffered no injury or threat of injury from the Clinic and had never seen the advertisements she alleged to be untrue when she filed her complaints.

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Docket entries:
101/17/2003 NOTICE OF APPEAL: 01/16/2003
201/17/2003 ORDER FOR TRANSCRIPT: 01/16/2003
301/28/2003 TRANSCRIPT COMMENCING 3-25-02 (4 VOLS.)
401/29/2003 DISK (4 disks)(tra) (3-25/02, 3-26-02, 3-27-02, 3-28-02)
502/05/2003 NOTICE OF CROSS APPEAL
602/12/2003 RECORD ON APPEAL (3 vols.), Exhibits, Depositions (2), & Transcripts (3) Not Rec'd: Nos. 9, 37, 83,
702/12/2003 116 & 218 (Tapes) & 140 (Steno Notes)
803/10/2003 Permission for AT to e-file ATB and Affidavit in compliance w/Rule 11.1
903/10/2003 AFFIDAVIT OF JOHN A. KINDLEY (filed pursuant to Rule 11.1(e)(1) of the N.D.R.Ct.)
1003/11/2003 ACTION BY CLERK (Mr. Kindley's appearance in this case is approved). Granted
1103/12/2003 APPELLANT BRIEF
1203/12/2003 E-FILED BRIEF (ATB)
1303/12/2003 Affidavit of Linda Rosenthal (filed pursuant to Rule 11.1)
1403/12/2003 ACTION BY CLERK (Ms. Rosenthal's appearance in this case is authorized). Granted
1503/12/2003 Affidavit of Janet Crepps (filed pursuant to Rule 11.1)
1603/12/2003 ACTION BY CLERK (Ms. Crepps appearance in this case is authorized). Granted
1703/12/2003 APPELLANT APPENDIX
1803/19/2003 Certificate of Service of Appellant's Brief & Appendix on opposing counsel
1903/20/2003 MOT. EXT/TIME APPELLEE BRIEF
2003/20/2003 E-FILED MOTION (MAE)
2103/20/2003 ACTION BY CLERK. Granted: 05/11/2003
2205/12/2003 APPELLEE BRIEF (E-MAILED)
2305/12/2003 E-FILED BRIEF (AEB)
2405/12/2003 REQUEST FOR ORAL ARGUMENT (Appellee)
2505/12/2003 APPELLEE APPENDIX
2605/30/2003 REPLY BRIEF
2705/30/2003 E-FILED BRIEF (RYB)
2806/05/2003 Request for Radio/TV Coverage (ND Public Radio) e-mail from Jack McDonald dated 6-05-03 (APPROVED)
2906/13/2003 Certificate of Service of Appellant/Cross-Appellee Reply Brief
3006/13/2003 REPLY BRIEF of Appellee MKG Management Corp.
3106/13/2003 E-FILED BRIEF
3206/17/2003 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel) (APPROVED)
3306/18/2003 APPEARANCES: John Kindley, Gregory L. Lange; Linda Rosenthal, Janet Crepps, Joseph Turman,
3406/18/2003 Jane Bovard of Red River Women's Clinic
3506/18/2003 ARGUED: Kindley; Rosenthal (Vol. Y; Page 121)
3606/18/2003 ORAL ARGUMENT WEBCAST
3709/23/2003 DISPOSITION: AFFIRMED
3809/23/2003 UNANIMOUS OPINION: Neumann, William A.
3909/23/2003 Costs on appeal taxed in favor of appellee
4009/23/2003 Order/Judgment Mailed to Parties
4110/07/2003 PETITION FOR REHEARING
4210/07/2003 E-FILED Petition for Rehearing
4310/16/2003 Faxed Certificate of Service (Petition for Rehearing)
4410/23/2003 ACTION BY SUPREME COURT (PER). Denied
4510/31/2003 MANDATE
4611/12/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4711/17/2009 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/22/2014