Kjolsrud v. MKB Management Corp.

10:45am Wednesday, June 18, 2003
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: East Central Judicial District, Cass County,
Judge Michael O. McGuire
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Richardson, Lange & Donovan
Appellee: DeMars & Turman
Appellee: Lawyer not licensed in N.D.
Appellee: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
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 (nＦ 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.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief
Reply 2 Brief
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