section 541.05 six year statute of limitations (Minnesota) · Go Syfert
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section 541.05 six year statute of limitations in Minnesota

9 Minnesota opinions name it 2 courts 1990–2015 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Olesen v. Retzlaffgreen
minn · 1931 · cited in 1 Minnesota opinions naming this issue, 2013–2013
2 sentences

2013Our conclusion that a constructive-fraud claim brought under the MUFTA is subject to the statute of limitations in section 541.05, subdivision 1(2), and an actual-fraud claim brought under the MUFTA is subject to the statute of limitations in section 541.05, subdivision 1(6), is supported by the supreme court’s decision in Olesen v. Retzlaff 184 Minn. 624, 627 , 238 N.W. 12, 14 (1931).

2013Our conclusion that a constructive-fraud claim brought under the MUFTA is subject to the statute of limitations in section 541.05, subdivision 1(2), and an actual-fraud claim brought under the MUFTA is subject to the statute of limitations in section 541.05, subdivision 1(6), is supported by the supreme court’s decision in Olesen v. Retzlaff 184 Minn. 624, 627 , 238 N.W. 12, 14 (1931).

11
McDaniel v. United Hardware Distributing Co.green
minn · 1991 · cited in 1 Minnesota opinions naming this issue, 2013–2013
1 sentence

2013But the receiver argues that the district court erred because the statute of limitations that applies to its MUFTA claims is that provided in section 541.05, subdivision 1(6), which applies to actions for “relief on the ground of fraud” and which also provides a six-year statute of limitations, but one that does not begin to run “until the discovery by the aggrieved party of the facts constituting the fraud.” The district court relied on McDaniel v. United Hardware Distributing Co., in which the Minnesota Supreme Court stated that section 541.05, subdivision 1(2), “applies to liabilities impos

11
Fleeger v. Wyethgreen
minn · 2009 · cited in 1 Minnesota opinions naming this issue, 2012–2012
1 sentence

2012See Fleeger, 771 N.W.2d at 526, 529 (concluding that the 6-year statute of limitations found in Minn.Stat. § 541.05 (2008), governed the plaintiffs action).

11
O'Neill v. Illinois Farmers Insurance Co.red
minn · 1986 · cited in 1 Minnesota opinions naming this issue, 2009–2009
1 sentence

2009Co., 381 N.W.2d 439, 440 (Minn.1986) (applying the six-year statute of limitations under Minn. Stat. § 541.05 , subd. 1, to a UIM claim), overruled on other grounds by Oanes, 617 *387 N.W.2d at 406.

11
Vaubel Farms, Inc. v. Shelby Farmers Mutualgreen
minnctapp · 2004 · cited in 1 Minnesota opinions naming this issue, 2007–2007
1 sentence

2007Vaubel Farms, Inc. v. Shelby Farmers Mut., 679 N.W.2d 407, 411-12 (Minn.App.2004).

11
Levin v. C.O.M.B. Co.green
minn · 1989 · cited in 1 Minnesota opinions naming this issue, 2006–2006
1 sentence

2006Generally, “[a] cause of action accrues when the right to institute and maintain a lawsuit arises, when the action can be brought in a court of law without dismissal for failure to state a cause of action, and it has long been settled that a cause of action for breach of contract accrues on the breach of the terms of the contract.” Levin, 441 N.W.2d at 803 (citations omitted).

11
Fagerlie v. City of Willmargreen
minnctapp · 1989 · cited in 1 Minnesota opinions naming this issue, 1990–1990
1 sentence

1990See Fagerlie v. City of Willmar, 435 N.W.2d 641, 644 (Minn.App.1989); Ford v. Emerson Electric Company, 430 N.W.2d 198, 200-201 (Minn.App.1988), pet. for rev. denied (Minn. Dec. 16, 1988).

11
Ford v. Emerson Electric Co.green
minnctapp · 1988 · cited in 1 Minnesota opinions naming this issue, 1990–1990
1 sentence

1990See Fagerlie v. City of Willmar, 435 N.W.2d 641, 644 (Minn.App.1989); Ford v. Emerson Electric Company, 430 N.W.2d 198, 200-201 (Minn.App.1988), pet. for rev. denied (Minn. Dec. 16, 1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Amica Mutual Insurance Co. v. Wartman green
minnctapp · 2014
1 sentence

2015The applicable statute of limitations for such claims is not the six-year period found in Minn.Stat. § 541.05, subd. 1, but rather the ten-year period for actions upon judgments under *208 Minn.Stat. § 541.04 (2014). 4 See Wart-man, 841 N.W.2d at 640-41 .

12015–2015
Kaiser v. Memorial Blood Center of Minneapolis, Inc. green
minn · 1992
2 sentences

1997Kaiser, 486 N.W.2d at 768 .

1997Kaiser, 486 N.W.2d at 768 .

11997–1997
Young v. City of Duluth green
minn · 1986
1 sentence

1996Relators argue the supreme court’s decision in Young v. City of Duluth, 386 N.W.2d 732 (Minn.1986), requires this court to disregard Johnson .

11996–1996

Statutes the citing opinions construe

MN § Minn. Stat. § 541.05 (9)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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