Kjolsrud v. MKB Management Corp.
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| 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
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Michael O. McGuire |
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Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
06/2003 Argument: 06/18/2003 10:45am
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| ND cite: |
2003 ND 144
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| NW cite: |
669 N.W.2d 82
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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 (n‚e 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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| 1 | | 01/17/2003 | |
NOTICE OF APPEAL: 01/16/2003 |
| 2 | | 01/17/2003 | |
ORDER FOR TRANSCRIPT: 01/16/2003 |
| 3 | | 01/28/2003 | |
TRANSCRIPT COMMENCING 3-25-02 (4 VOLS.) |
| 4 | | 01/29/2003 | |
DISK (4 disks)(tra) (3-25/02, 3-26-02, 3-27-02, 3-28-02) |
| 5 | | 02/05/2003 | |
NOTICE OF CROSS APPEAL |
| 6 | | 02/12/2003 | |
RECORD ON APPEAL (3 vols.), Exhibits, Depositions (2), & Transcripts (3) Not Rec'd: Nos. 9, 37, 83, |
| 7 | | 02/12/2003 | |
116 & 218 (Tapes) & 140 (Steno Notes) |
| 8 | | 03/10/2003 | |
Permission for AT to e-file ATB and Affidavit in compliance w/Rule 11.1 |
| 9 | | 03/10/2003 | |
AFFIDAVIT OF JOHN A. KINDLEY (filed pursuant to Rule 11.1(e)(1) of the N.D.R.Ct.) |
| 10 | | 03/11/2003 | |
ACTION BY CLERK (Mr. Kindley's appearance in this case is approved). Granted |
| 11 | | 03/12/2003 | |
APPELLANT BRIEF |
| 12 | | 03/12/2003 | |
E-FILED BRIEF (ATB) |
| 13 | | 03/12/2003 | |
Affidavit of Linda Rosenthal (filed pursuant to Rule 11.1) |
| 14 | | 03/12/2003 | |
ACTION BY CLERK (Ms. Rosenthal's appearance in this case is authorized). Granted |
| 15 | | 03/12/2003 | |
Affidavit of Janet Crepps (filed pursuant to Rule 11.1) |
| 16 | | 03/12/2003 | |
ACTION BY CLERK (Ms. Crepps appearance in this case is authorized). Granted |
| 17 | | 03/12/2003 | |
APPELLANT APPENDIX |
| 18 | | 03/19/2003 | |
Certificate of Service of Appellant's Brief & Appendix on opposing counsel |
| 19 | | 03/20/2003 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 20 | | 03/20/2003 | |
E-FILED MOTION (MAE) |
| 21 | | 03/20/2003 | |
ACTION BY CLERK. Granted: 05/11/2003 |
| 22 | | 05/12/2003 | |
APPELLEE BRIEF (E-MAILED) |
| 23 | | 05/12/2003 | |
E-FILED BRIEF (AEB) |
| 24 | | 05/12/2003 | |
REQUEST FOR ORAL ARGUMENT (Appellee) |
| 25 | | 05/12/2003 | |
APPELLEE APPENDIX |
| 26 | | 05/30/2003 | |
REPLY BRIEF |
| 27 | | 05/30/2003 | |
E-FILED BRIEF (RYB) |
| 28 | | 06/05/2003 | |
Request for Radio/TV Coverage (ND Public Radio) e-mail from Jack McDonald dated 6-05-03 (APPROVED) |
| 29 | | 06/13/2003 | |
Certificate of Service of Appellant/Cross-Appellee Reply Brief |
| 30 | | 06/13/2003 | |
REPLY BRIEF of Appellee MKG Management Corp. |
| 31 | | 06/13/2003 | |
E-FILED BRIEF |
| 32 | | 06/17/2003 | |
Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel) (APPROVED) |
| 33 | | 06/18/2003 | |
APPEARANCES: John Kindley, Gregory L. Lange; Linda Rosenthal, Janet Crepps, Joseph Turman, |
| 34 | | 06/18/2003 | |
Jane Bovard of Red River Women's Clinic |
| 35 | | 06/18/2003 | |
ARGUED: Kindley; Rosenthal (Vol. Y; Page 121) |
| 36 | | 06/18/2003 | |
ORAL ARGUMENT WEBCAST |
| 37 | | 09/23/2003 | |
DISPOSITION: AFFIRMED |
| 38 | | 09/23/2003 | |
UNANIMOUS OPINION: Neumann, William A. |
| 39 | | 09/23/2003 | |
Costs on appeal taxed in favor of appellee |
| 40 | | 09/23/2003 | |
Order/Judgment Mailed to Parties |
| 41 | | 10/07/2003 | |
PETITION FOR REHEARING |
| 42 | | 10/07/2003 | |
E-FILED Petition for Rehearing |
| 43 | | 10/16/2003 | |
Faxed Certificate of Service (Petition for Rehearing) |
| 44 | | 10/23/2003 | |
ACTION BY SUPREME COURT (PER). Denied |
| 45 | | 10/31/2003 | |
MANDATE |
| 46 | | 10/28/2009 | |
EXPUNGED - Nonpermanent record items destroyed |