Minnesota Statutes

Minn. Stat. § 540.151 (2026)

Suability; Common Name

✓ current as of May 2026

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When two or more persons associate and act, whether for profit or not, under the common name, including associating and acting as a labor organization or employer organization, whether such common name comprises the names of such persons or not, they may sue in or be sued by such common name, and the summons may be served on an officer or a managing agent of the association. The judgment in such cases shall accrue to the joint or common benefit of and bind the joint or common property of the associates, the same as though all had been named as parties to the action. Any money judgment against a labor organization or employer organization shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or the member's assets.

Notes of Decisions

Cited in 8 cases, 1954–2014 · leading case: Med. Staff of Avera Marshall Reg'l Med. Ctr. v. Marshall, 857 N.W.2d 695 (Minn. 2014).

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Med. Staff of Avera Marshall Reg'l Med. Ctr. v. Marshall, 857 N.W.2d 695 (Minn. 2014). · cites it 45× “Laws 867 (codified at Minn. Stat. § 540.151 (2012)). Minnesota Statutes § 540.”

Med. Staff of Avera Marshall Reg'l Med. Ctr. v. Avera Marshall, 836 N.W.2d 549 (Minn. Ct. App. 2013). · cites it 34× “151, which provides that: When two or more persons associate and act, whether for profit or not, under the common name, including associating and acting as a labor organization or employer organization, whether such common name comprises the names of such persons or not, they…”

Am. Civil Liberties Union v. Tarek Ibn Ziyad Academy, 788 F. Supp. 2d 950 (D. Minnesota 2011). · cites it 4× “Further, Minn.Stat. § 540.151 provides in part: When two or more persons associate and act, whether for profit or not, under the common name .”

Minnesota Ass'n of Nurse Anesthetists v. Allina Health Sys. Corp., 276 F.3d 1032 (8th Cir. 2002). “By statute Minnesota altered the common law to permit persons associated under a common name to sue under that name, Minn.Stat. Ann. § 540.151 (2000), but this statute is only procedural.”

Med. Staff of Avera Marshall Reg'l Med. Ctr. on its Own behalf & in its Rep. Capacity for its Members v. Avera Marshall d/b/a Avera Marshall Reg'l Med. Ctr. (Minn. 2014). · cites it 44× “Laws 867 (codified at Minn. Stat. § 540.151 (2012)). Minnesota Statutes § 540.”

Diluzio v. United Elec., Radio & Mach. Wkrs. of Am., 435 N.E.2d 1027 (Mass. 1982). “2051 (1981); Minn. Stat. §§ 540.151 , 540. 152, 540. 154 (1980); Mont.”

DiLuzio v. United Elec., Radio & Mach. Workers of Am., 435 N.E.2d 1027 (Mass. 1982). “2051 (1981); Minn. Stat. §§ 540.151 , 540.152, 540.154 (1980); Mont.”

Minnesota Wood Specialties, Inc. v. George S. May Co., 117 F. Supp. 601 (D. Minnesota 1954). · cites it 2× “§ 540.151, supra. In the case cited by plaintiff, the statute was held to permit the commencement of an action against individual partners by use of the partnership name only.”

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