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State ex rel. Stenehjem v. Purdue Pharma L.P., et al.

Docket No. 20190237
Oral Argument: Argument Date & Time is not set.

Docket Info

Title
State of North Dakota Ex Rel, Wayne
Stenehjem, Attorney General, Plaintiff and Appellant
v.
Purdue Pharma L.P.; Purdue Pharma Inc.;
The Purdue Frederick Company, Inc.; and
Does 1 through 100, Inclusive, Defendants and Appellees
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2018-CV-01300
South Central Judicial District, Burleigh County
James S. Hill

Parties' Statement of Issues

  • Appellant

    1. Did the District Court err by converting Purdue’s motion to dismiss into a motion for summary judgment, and granting the motion, without notice to the State and without allowing the State to present additional evidence or conduct discovery;
    2. Did the District Court err by deciding that the State’s claims are preempted by federal law;
    3. Did the District Court err by concluding that the State is required to plead and prove causation in order to prevail in a cause of action under the Consumer Fraud Law;
    4. Did the District Court err by concluding that the Nuisance Law is inapplicable to conduct involving the sale of goods; and
    5. Did the District Court err by misapplying the standard for summary judgment?

Briefs

Filing Date Description
09/10/2019 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLANT ATT. GENERAL OFFICE Elin S Alm - 05924
APPELLANT ATT. GENERAL OFFICE Parrell D Grossman - 04684
APPELLEE PRIVATE PRACTICE Robert Brandon Stock - 05919
AMICUS CURIAE ATT. GENERAL OFFICE Matthew Arnold Sagsveen - 05613
APPELLEE PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE Mart Daniel Vogel - 03198

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 08/05/2019 NOTICE OF APPEAL : 08/05/2019
2 08/06/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 08/06/2019 Notice served on Parrell D. Grossman, Robert B. Stock, M. Daniel Vogel, & Will W. Sachse
4 08/26/2019 MOTION FOR Enlargement of Page Limit (Appellant)
5 08/27/2019 ACTION BY ACTING CHIEF JUSTICE (total of 43 pages) - Granted
6 09/04/2019 Pro hac vice Affidavit of Will W. Sachse
7 09/04/2019 ELEC. RECORD ON APPEAL DATED SEPTEMBER 3, 2019 (ENTRY NOS. #1 - #82)
8 09/10/2019 APPELLANT BRIEF View
9 09/10/2019 Oral Argument Request by Appellant
10 09/10/2019 APPELLANT APPENDIX
11 09/16/2019 MOTION FOR LEAVE TO FILE AMICUS BRIEF BY: P. Cholla Khoury
12 09/16/2019 Notice of Suggestion of Bankruptcy and Automatic Stay
13 09/16/2019 STAY PENDING BANKRUPTCY
14 09/17/2019 Rec'd ATA back from Central Duplicating
15 09/17/2019 AMENDED MOTION FOR LEAVE TO FILE AMICUS BRIEF BY: P. Cholla Khoury(added new state)
16 09/17/2019 ACTION BY CHIEF JUSTICE - Granted
17 09/17/2019 AMICUS CURIAE BRIEF View
18 09/18/2019 Rec'd ATB and ATA back from Central Duplicating
19 09/18/2019 Motion for Leave to Appear Pro Hac Vice and Affidavit in Support of P. Cholla Khoury
20 09/18/2019 ACTION BY CLERK - Granted
21 09/20/2019 Rec'd 6 copies of ACB back from Central Duplicating
22 09/26/2019 Response of State to Suggestion of Bankruptcy View
23 10/04/2019 Stay pending bankrupctcy continues
24 08/22/2022 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.