§
Subdivision 1.General.
(a) Except as provided by subdivision 2 and section 541.33, if a claim is substantively based:
(1) upon the law of one other state, the limitation period of that state applies; or
(2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies.
(b) The limitation period of this state applies to all other claims.
§
Subd. 2.Action arising out of state; resident plaintiff.
If a cause of action arises outside of this state and the action is barred under the applicable statute of limitations of the place where it arose, the action may be maintained in this state if the plaintiff is a resident of this state who has owned the cause of action since it accrued and the cause of action is not barred under the applicable statute of limitations of this state.
Notes of Decisions
Joseph H. Whitney v. The Guys, Inc., 700 F.3d 1118 (8th Cir. 2012).
· cites it 2× “Minnesota adopted the Uniform Conflict of Laws— Limitations Act, which calls for use of the statute of limitations from the state whose substantive law otherwise applies, Minn. Stat. Ann. § 541.31 subd. 1(a)(1), unless that other state’s “limitation period .”
Rapp v. Green Tree Servicing, LLC, 302 F.R.D. 505 (D. Minnesota 2014).
· cites it 2× “Even if certain aspects of Minnesota law would apply to all claims of all class members, Minnesota law specifically provides that "if a claim is substantively based .”
Fleeger v. Wyeth, 771 N.W.2d 524 (Minn. 2009).
· cites it 2× “2 The new statute, which would require application of Pennsylvania’s statute of limitations if it controlled in this case, only applies to “claims arising from incidents occurring on or after August 1, 2004.” Minn.Stat. § 541.34 (2008).”
Huggins v. Stryker Corp., 932 F. Supp. 2d 972 (D. Minnesota 2013).
· cites it 2× “§§ 541.31 & .34. Therefore, Minnesota’s statutes of limitations applies regardless of whether Minnesota substantive law will govern the action.”
Burks v. Abbott Labs., 639 F. Supp. 2d 1006 (D. Minnesota 2009).
· cites it 3× “” Minn.Stat. § 541.31. Thus, where the governing substantive law in this case is Louisiana law, Louisiana’s liberative prescription on tort actions will generally apply.”
Blake Marine Grp. v. CarVal Investors LLC, 829 F.3d 592 (8th Cir. 2016).
“See Minn. Stat. § 541.31 . To determine the state law governing Blake’s claim, we apply Minnesota’s three step choice of law analysis.”
Unifund Ccr Partners v. Sunde, 260 P.3d 915 (Wash. Ct. App. 2011).
“Minn. Stat. § 541.31 , .33 (2004). The statute’s effect is the same as under the act.”
Sigler v. Ecolab Inc. (D. Minnesota 2022).
· cites it 13× “The statute addressed the circumstances under 2 The factors are named for Professor Robert Leflar, who identified this framework for resolving conflicts of law.”
Villa Lara v. LG Elec. U.S.A., Inc. (D. Minnesota 2018).
· cites it 2× “2012), and Minnesota’s borrowing statute dictates that California’s statute of limitations, including its equitable-tolling law, applies to Villa Lara’s CLRA claim, see Minn. Stat. § 541.31 subd. 1(a)(1). 4 Defendants argue that the TV cited in the Amended Complaint is not…”
— Minn. Stat. § 541.31(a)(1) — 1 case
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