North Dakota Law Limits Wrongful Death Damages in Minnesota Case

Feb. 17, 2021, 5:04 PM UTC

North Dakota’s cap on damages for injuries like pain and suffering will apply in a Minnesota-based medical malpractice wrongful death lawsuit, as the law of the state where the alleged malpractice occurred applies to resolve the damages issue, a federal court said.

Minnesota’s wrongful death law applies generally to this suit, but the state’s choice-of-law rules also allow courts to apply different states’ laws to different issues raised in a single case, the U.S. District Court for the District of Minnesota said.

This is a case in which applying different states’ laws to different issues is appropriate, as the only ...

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