Legal Opinion · Concurrence

Christian v. Birch

Court of Appeals of Minnesota

Decided March 24, 2009No. A08-0312Published

1ConcurrenceMinge, Judge

I join the majority opinion except for part I, that classifies the choice of what state’s general statute of limitations applies to a claim as a procedural matter and automatically applies the statute of the forum state. I would apply the choice-influencing-consideration analysis which is used to resolve conflicts of substantive law to determine the applicable statute of limitations. Because applying those choice-influencing considerations would produce the same result reached by the majority, I concur.

A. Classification of Statute-of-Limitations Questions

As the majority notes,…

2Cases cited5 opinions

  1. Milkovich v. SaariSupreme Court of Minnesota · 1973
  2. Jepson v. General Casualty Co. of WisconsinSupreme Court of Minnesota · 1994
  3. Medtronic, Inc. v. Advanced Bionics Corp.Court of Appeals of Minnesota · 2001
  4. Danielson v. National Supply Co.Court of Appeals of Minnesota · 2003
  5. Entzion v. Illinois Farmers Insurance Co.Court of Appeals of Minnesota · 2004

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