Minnesota Statutes

Minn. Stat. § 541.33 (2026)

Unfairness

✓ current as of May 2026

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If the court determines that the limitation period of another state applicable under sections 541.31 and 541.32 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2009–2026 · leading case: Fleeger v. Wyeth, 771 N.W.2d 524 (Minn. 2009).

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Fleeger v. Wyeth, 771 N.W.2d 524 (Minn. 2009). · cites it 2× “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…”

Blake Marine Grp. v. CarVal Investors LLC, 829 F.3d 592 (8th Cir. 2016). “” Minn. Stat. § 541.33 . Since Blake did not raise this argument below, however, it is waived.”

Burks v. Abbott Labs., 639 F. Supp. 2d 1006 (D. Minnesota 2009). · cites it 2× “Minn.Stat. § 541.33. The Burks first point out that the time for Minnesota’s six-year statute of limitations is substantially different from Louisiana’s one-year prescriptive period.”

Burks v. Abbot Labs., 917 F. Supp. 2d 902 (D. Minnesota 2013). · cites it 2× “” Minn.Stat. § 541.33. The escape clause should “rarely be employed” and only “extreme cases” justify deviating from the statute of limitations of the state whose law governs the case.”

Everest Stables, Inc. v. Porter, Wright LLP (8th Cir. 2026). “Minn. Stat. § 541.33 . The comment to this uniform law explains that it “should rarely be employed” and applies only “in extreme cases.”

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