facts upon claim (Minnesota) · Go Syfert
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facts upon claim in Minnesota

12 Minnesota opinions name it 2 courts 1915–2008 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 (5)

CaseFollowedCited
Swang v. Hausergreen
minn · 1970 · cited in 3 Minnesota opinions naming this issue, 1987–2000
2 sentences

2000Swang v. Hauser, 288 Minn. 306, 309 , 180 N.W.2d 187, 189-90 (1970).

2000Swang v. Hauser, 288 Minn. 306, 309 , 180 N.W.2d 187, 189-90 (1970).

33
Haberle v. Buchwaldgreen
minnctapp · 1992 · cited in 3 Minnesota opinions naming this issue, 1997–2003
2 sentences

2003Id. at 356 (emphasis added) (citations omitted).

1997Haberle, 480 N.W.2d at 355-56 .

13
Murray v. Foxgreen
minn · 1974 · cited in 2 Minnesota opinions naming this issue, 1986–1987
2 sentences

1987See Murray v. Fox, 300 Minn. 373, 376 , 220 N.W.2d 356, 358 (1974) (explaining Swang v. Hauser, 288 Minn. 306 , 180 N.W.2d 187 (1970)).

1987See Murray v. Fox, 300 Minn. 373, 376 , 220 N.W.2d 356, 358 (1974) (explaining Swang v. Hauser, 288 Minn. 306 , 180 N.W.2d 187 (1970)).

12
Antone v. Mirvissgreen
minn · 2006 · cited in 1 Minnesota opinions naming this issue, 2008–2008
1 sentence

2008See Antone, 720 N.W.2d at 335-36 ; Herrmann, 590 N.W.2d at 643 ; Dalton, 280 Minn. at 152-53 , 158 N.W.2d at 584 .

11
Offerdahl v. University of Minnesota Hospitals & Clinicsgreen
minn · 1988 · cited in 1 Minnesota opinions naming this issue, 1992–1992
1 sentence

1992See Offerdahl, 426 N.W.2d at 429 (single act exception applies to bar claims against University for malpractice associated with insertion of IUD, notwithstanding continuing course of treatment, because plaintiff sustained damage and was aware of that damage as of the date the IUD was removed and she was hospitalized for chronic pelvic inflammatory disease).

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 (6)

CaseCitedYears
Schmucking v. Mayo green
minn · 1931
2 sentences

1974And, notwithstanding plaintiff’s allegation that defendants failed to communicate with her as to her medical status (cf. Schmucking v. Mayo, 183 Minn. 37 , 235 N. W. 633 ), the evidence clearly establishes that she was actually aware of the facts upon which that claim is based at least by mid-May 1964, more than 2 years before the commencement of her action against either defendant.

1974And, notwithstanding plaintiff’s allegation that defendants failed to communicate with her as to her medical status (cf. Schmucking v. Mayo, 183 Minn. 37 , 235 N. W. 633 ), the evidence clearly establishes that she was actually aware of the facts upon which that claim is based at least by mid-May 1964, more than 2 years before the commencement of her action against either defendant.

21970–1974
Herrmann v. McMenomy & Severson green
minn · 1999
1 sentence

2008See Antone, 720 N.W.2d at 335-36 ; Herrmann, 590 N.W.2d at 643 ; Dalton, 280 Minn. at 152-53 , 158 N.W.2d at 584 .

12008–2008
Dalton v. Dow Chemical Co. green
minn · 1968
2 sentences

2008See Antone, 720 N.W.2d at 335-36 ; Herrmann, 590 N.W.2d at 643 ; Dalton, 280 Minn. at 152-53 , 158 N.W.2d at 584 .

2008See Antone, 720 N.W.2d at 335-36 ; Herrmann, 590 N.W.2d at 643 ; Dalton, 280 Minn. at 152-53 , 158 N.W.2d at 584 .

12008–2008
Collins v. Johnson green
minnctapp · 1985
1 sentence

1986Id.; Murray v. Fox, 300 Minn. 373 , 220 N.W.2d 356 (1974); Collins v. Johnson, 374 N.W.2d 536 (Minn.Ct.App.1985), pet. for rev. denied (Minn. November 25, 1985).

11986–1986
State Ex Rel. Passer v. County Board of Renville County neutral
minn · 1927
2 sentences

1961Passer v. Renville County Board, 171 Minn. 177 , 213 N. W. 545 , 52 A. L.

1961Passer v. Renville County Board, 171 Minn. 177 , 213 N. W. 545 , 52 A. L.

11961–1961
Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. neutral
minn · 1912
2 sentences

1915Co. 118 Minn. 437 , 137 N. W. 176 ; but it is quite well settled that where a party, after knowledge of the facts upon which his claim of rescission of his compromise is based, knowingly and voluntarily uses and enjoys the fruits of the compromise and puts it out of his power to restore what he has received, he affirms his contract and puts himself beyond the power of rescission.

1915Co. 118 Minn. 437 , 137 N. W. 176 ; but it is quite well settled that where a party, after knowledge of the facts upon which his claim of rescission of his compromise is based, knowingly and voluntarily uses and enjoys the fruits of the compromise and puts it out of his power to restore what he has received, he affirms his contract and puts himself beyond the power of rescission.

11915–1915

Statutes the citing opinions construe

MN § Minn. Stat. § 541.01 (4) MN § Minn. Stat. § 541.07 (3)

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.

Where else courts name it

PA 1269 (1903–2026) IL 100 (1906–2025) CA 39 (1876–2022) NY 28 (1883–2022) CT 26 (1932–2002) TN 20 (1986–2021) IN 19 (1870–2025) OH 19 (1920–2026) OK 19 (1909–1996) TX 18 (1903–2018) GA 15 (1917–1992) LA 14 (1948–2024) MN 12 (1915–2008) FL 12 (1939–2011) KY 12 (1923–2025) NJ 11 (1963–2022) MD 10 (1915–2017) MI 9 (1916–1993) AZ 8 (1910–2019) VA 8 (1897–2013) WA 8 (1928–2021) OR 7 (1896–1979) MO 6 (1938–2012) WY 6 (1988–2024) MS 5 (2005–2008) SC 5 (1908–2000) IA 5 (1897–1967) KS 4 (1903–1921) WI 4 (1905–2007) NM 4 (1946–1987) ID 4 (1905–2004) AL 4 (1975–1985) UT 3 (2008–2020) NC 3 (1973–2014) NE 2 (1926–1941) AR 2 (1994–2003) HI 2 (2012–2019) ME 2 (2000–2001) MA 2 (1986–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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