AN ACT to amend and reenact sections 32-03.2-01 and 32-03.2-11 of the North Dakota Century Code, relating to when a court or jury may give exemplary damages.
What changed between versions
Updated definitions of 'fault' and 'malice' to clarify what conduct qualifies for punitive damages consideration.
Added a requirement that plaintiffs must file a motion with supporting affidavits or deposition testimony to claim exemplary damages after the initial lawsuit is filed.
Established a two-step trial process where compensatory damages must be determined before addressing exemplary damages.
Added specific factors courts must consider when awarding exemplary damages, including the relationship between damages and harm, reprehensibility of conduct, and defendant's awareness of wrongdoing.
Added protections preventing exemplary damages against manufacturers or sellers who complied with federal safety regulations, unless they knowingly misrepresented information or made illegal payments to secure approval.
Set a cap on exemplary damages at two times the compensatory damages or $250,000, whichever is greater, with exceptions for cases where no compensatory damages are awarded.
